Sullivan v. Boley

Citations

• 24 Fla. 501

Syllabus

<p>1. B. and S. traded buggies, and it was agreed that S. should take B.’s new buggy at two hundred and fifty dollars, one hundred dollars of which to be paid by S. to B. in S.’s old buggy, and the balance or difference between the buggies to be paid in money. S. took possession of and held the new buggy, but never delivered or offered to deliver the old buggy to B., nor did S. pay or offer to pay B. for the new buggy: Held, that B., the plaintiff, could recover the value of the new buggy on the count of the declaration for goods sold and delivered by the plaintiff to defendant, at his request.</p> <p>2. B., the plaintiff, sold lumber to S., the defendant, at plaintiff’s mill, which was shipped to the defendant on the L. & N. R. R. At the trial, waybills of said company were admitted in evidence, which showed the weight of lumber shipped by plaintiff to defendant, on different dates, and the evidence showed that the waybills were made out and sent by the company in the due course of their business, and that the defendant paid the freight on the lumber so sent by said waybills. This was not error.</p> <p>3. The court charged the jury that if they found from the evidence that plaintiff offered to sell defendant a new huggy for two hundred and fifty dollars, or to exchange buggies with defendant, the defendant to pay one hundred and fifty dollars between the buggies, and defendant, after the proposition, possessed himself of plaintiff’s new buggy without paying him one hundred and fifty dollars, and without delivering his old buggy to plaintiff, or offering to deliver it at the time he possessed himself of the plaintiff’s new buggy, or within a reasonable time thereafter, then he would be liable for the value of the said buggy, as fixed by the plaintiff' when he made the offer of sale or exchange: Held, correct.</p>