111 Mass. 355 | Mass. | 1873
It appears that the plaintiff delivered the horses, wagon and harnesses to Waby to be used, and under a contract of sale when the stipulated price should be paid. The price was to be a gross sum for the whole property, and payable in labor. The articles were to remain the property of the plaintiff till the whole amount should be paid. After the payment, the plaintiff was to give Waby a bill of sale. The loss of one of thi
When the plaintiff took the other horse, he thereby reduced his claim against Waby; and as he sold the horse for $40, it was at least reduced by that amount.
The wagon and harnesses were then the only property remaining in Waby’s hands; and if he had paid the plaintiff the full value of it, he was entitled to hold it as his own. A bill of sale would not be necessary to pass the title. A jury would be authorized to find that it was his, and that he had a right to sell it to the defendants. The evidence offered should have been admitted. Exceptions sustained.