Bradley v. Michael

Indiana Supreme Court

Bradley v. Michael

1 Smith & H. 346

DecidedNovember 15, 1849

StatusPublished

This text of 1 Smith & H. 346 (Bradley v. Michael) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bradley v. Michael, 1 Smith & H. 346 (Ind. 1849).

Pincite

Opinion

Perkins, J.

— “ The judgment is wrong. Although by the contract of purchase, the property in the cattle passed to Michael, the right of possession to the 10 in controversy in this suit did not, and would not, until payment or tender of the 50 dollars stipulated to be paid on their delivery. The payment of that sum was a condition precedent to Michael's right to possession. Bell’s Contract of Sale, 15; Chit, on Cont. 374 — 375. To sustain replevin, the plaintiff must have a right to the possession of the property replevied.”

Judgment reversed, &c.

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Perkins, J.

— “ The judgment is wrong. Although by the contract of purchase, the property in the cattle passed to Michael, the right of possession to the 10 in controversy in this suit did not, and would not, until payment or tender of the 50 dollars stipulated to be paid on their delivery. The payment of that sum was a condition precedent to Michael's right to possession. Bell’s Contract of Sale, 15; Chit, on Cont. 374 — 375. To sustain replevin, the plaintiff must have a right to the possession of the property replevied.”

Judgment reversed, &c.

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Bluebook (online)

1 Smith & H. 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-michael-ind-1849.