Excerpt from Reports of Cases Decided in the Superior Court and the Court of Errors and Appeals of the State of Delaware, 1866, Vol. 4 The evidence was that the defendant voluntarily consented to the purchase of the lumber by the plaintiffs whilst it was yet upon his premises, and that they did so on the faith of his declaration and agreement that he would allow them to remove it whenever they pleased, and his absolute re fusal afterward to allow them to do it, was equivalent to a demand and refusal and a conversion of the ...
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Excerpt from Reports of Cases Decided in the Superior Court and the Court of Errors and Appeals of the State of Delaware, 1866, Vol. 4 The evidence was that the defendant voluntarily consented to the purchase of the lumber by the plaintiffs whilst it was yet upon his premises, and that they did so on the faith of his declaration and agreement that he would allow them to remove it whenever they pleased, and his absolute re fusal afterward to allow them to do it, was equivalent to a demand and refusal and a conversion of the lumber to his own use and benefit, which would entitle the plaintiffs to recover in the action the value of it. By the Court. There are three counts in the narr - two in case, and the third in trover, and there is sufficient evi dence at least, to take the case to the jury on the latter count so far as the motion for a nonsuit is concerned, and it is, therefore, overruled. The counsel for the defendant then put in evidence the record of a judgment in this court at the suit of Cannon Allaway against William B. Smith and Henry Levy which had been assigned to the plaintiffs, and a fi. Fa. Upon it and levy of the same on the building and lumber in question, and the sale thereof under the execution to the plaintiffs, and the application of the proceeds, as follows: $50 to John W. Smith for house rent. $46 to the execution, and the balance to costs and not sufficient. They also proved that one of the plaintiffs and Mr. Fulton, as their attorney, attended the sheriff's sale of the lumber in the building and bid for it, and that the latter and another person were the only bidders at it. They also proved by the testimony of Levy that he and his partner Smith, were both insolvent when they abandoned the work upon the building. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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