Cromwell v. Granfield

Citations

• 23 Del. 333
• 7 Penne. 333

Syllabus

<p>Foreign Attachment—Sale and Delivery-Vessel Property—Title— Practice—Evidence—Continuance—Absence of Material Witness—Bill of Sale—Payment—Binding Instructions—Wear and Tear of Property and Defir ciency of Equipment—Recoupment— Set-off.</p> <p>1. A case will not be continued on the ground of the absence of a material witness who is an employee of the defendant and under his control, when the defendant has had knowledge for three or four months that the witness would not be present at the trial. Under such circumstances it was the duty of the defendant to have a commission issupd to take the testimony of the absent witness; and if he failed to do that, he should have secured the attendance of the witness at the trial.</p> <p>2. Title to vessel property, as between the parties, may be acquired by the purchaser without a bill of sale.</p> <p>3. While it is necessary in an action to recover for the price of an interest in a vessel for the plaintiff to show that the amount claimed has not been paid, it is not necessary that any specific language or words should be used. It is for the jury to say from the testimony whether the purchase price has or has not been paid.</p> <p>4. If the jury believe from the testimony, that after the making of the contract for the sale of an interest in a vessel the parties agreed to an allowance or deduction from the contract price of a certain sum to cover any and all deficiencies of equipment, and also believe that the interest in controversy was sold and delivered to the defendant, their verdict should be in favor of the plaintiff for such sum as they believe the plaintiff is entitled to recover.</p> <p>5. In no event can the jury allow the defendant for any moneys expended or expenses incurred by reason of any deficiency of equipment caused by ordinary wear and tear.</p>