Fowler v. Fisk
FOWLER v. FISK
- Area
- civil
- Panel
- Lawrence F. Terry (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Terry
Terry, C. J., delivered the opinion of the Court—Baldwin, J., concurring.
Plaintiff sold defendants a vessel for $4,400, the possession of which vessel he delivered. At the time of sale the vessel was registered as the property of another, so that a proper transfer could not be made at the time. In consequence of this it was agreed that $1,000 of the purchase money should be paid in cash, $1,200 within twelve days, and the remaining $2,200 upon the delivery by plaintiff to defendants of a good title and register of the vessel. $1,200 was paid by the defendant as by agreement. No title or register has ever been delivered or tendered to the defendants; nor is it shown that the plaintiff has ever been in a condition to make such title. The agreement between the parties was, that the money should be paid upon the delivery of the title; and in order to entitle the plaintiff to recover, he must show an offer on his part to comply with the agreement. 1 Chitty Pleadings, 297.
Judgment reversed.