¶1 The principal point to be considered by the jury is, whether the defendant at the time he purchased and paid for the corn, knew of the antecedent purchase by the plaintiff. If he did, and the sale was a fair one to the plaintiff, the defendant ought not to have intermeddled; and will be liable to the plaintiff. Verdict for $49.
1 Tenn. 16
Flora v. Sims
Tennessee Superior Court for Law and Equity
Decided September 6, 1804
Tennessee Superior Court for Law and Equity · decided 1804-09-06
Certiorari.—This was an action upon an implied assumpsit. It appeared in evidence that a young man hired by the plaintiff to work on his plantation, sold him a crop of corn, which was at the house of the defendant’s brother, where the young man had cropped the year before. The plaintiff had paid a considerable part of the purchase money, and took from the crib of Sims a few bushells of corn.
Decided 1804-09-06