Reports of Cases Argued and Determined in the English Courts of Common Law Volume 93; With Tables of the Cases and Principal Matters

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1871 Excerpt: ... contract would have been satisfied by the delivery of any fifty cases of tallow, provided it answered the character of that which was agreed to be delivered: Wait v. Baker, 2 Exch. J, f--even, perhaps, though it arrived contemporaneously by another vessel. In Albridge v. Johnson, 7 Ellis & B. 885 (E. C. L. R. vol. 90), the plaintiff agreed with one Knights to purchase from him 100 out of 200 quarters of barley which the plaintiff had seen in bulk and approved of; and he paid part of the price: it was agreed that the plaintiff should send sacks for the barley, and that Knights should fill the sacks with the barley, take them to a railway, place them upon trucks free of charge, and send them to the 'plaintiff; the plaintiff sent sacks enough for a part only of the 100 quarters; these Knights filled; and Knights also endeavoured to find trucks for them, but was unable to do so: the plaintiff repeatedly sent to Knights demanding the barley: Knights finally detained it, and emptied the barley from the sacks into the bulk: and the court held, that the property in so much of the barley as was not put into the sacks did not pass to the plaintiff. Lord Campbell, Coleridge, J., and Erie, J., also held, that the portion put into the sacks passed to the plaintiff, --haesitante Crompton, J., on the ground that it did not appear quite clearly, that, at the time when the plaintiff demanded the barley, he knew that any portion had been put into the sacks, and that, therefore, his assent to the particular appropriation was doubtful. Lord Campbell there says: "No rule of the law of vendor and purchaser is more clear qo-i than this, that, until the appropriation and separation of a parJ ticular quantity, or signification of assent to the particular quantity, the property is not...