Sargent v. Metcalf

Massachusetts Supreme Judicial Court

Sargent v. Metcalf

71 Mass. 306

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1855

StatusPublished

Cited by1 cases

This text of 71 Mass. 306 (Sargent v. Metcalf) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sargent v. Metcalf, 71 Mass. 306 (Mass. 1855).

Pincite

Opinion

Bigelow, J.

The agreement under which the plaintiffs delivered the property to Polleys shows a conditional sale and delivery only. The title was not to vest until the conditions were complied with. Although the defendant purchased the chaises in good faith, he acquired no right thereto as against the plaintiffs. Coggill v. Hartford & New Haven Railroad, 3 Gray, 545.

The evidence in the case is insufficient to prove a waiver of the conditions of sale by the plaintiffs ; and no laches in asserting their claim is imputed to them by the defendant.

Exceptions overruled.

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Bigelow, J.

The agreement under which the plaintiffs delivered the property to Polleys shows a conditional sale and delivery only. The title was not to vest until the conditions were complied with. Although the defendant purchased the chaises in good faith, he acquired no right thereto as against the plaintiffs. Coggill v. Hartford & New Haven Railroad, 3 Gray, 545.

The evidence in the case is insufficient to prove a waiver of the conditions of sale by the plaintiffs ; and no laches in asserting their claim is imputed to them by the defendant.

Exceptions overruled.

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Bluebook (online)

71 Mass. 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sargent-v-metcalf-mass-1855.

Opinion

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