Thomas v. Knowles
This text of 128 Mass. 22 (Thomas v. Knowles) 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.
Opinion
The stipulation, in the contract of sale of the vessel from the defendant to the plaintiff, that the defendant should, at the end of the voyage, “take her back” and “have her ” at a certain price, clearly contemplated that the plaintiff, when the voyage was ended, should deliver or tender a bill of sale of the vessel to the defendant. It being agreed that, at the time when the plaintiff tendered a bill of sale, the vessel had become a wreck, abandoned and sunk in the ocean, the plaintiff [25]*25fails to show that she existed at that time in the character of a ship, as the contract required, and therefore cannot maintain this action. Barr v. Gibson, 3 M. & W. 390, 400. Wells v. Calnan, 107 Mass. 514. Judgment affirmed.
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Cite This Page — Counsel Stack
128 Mass. 22, 1879 Mass. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-knowles-mass-1879.