Pullen v. Bell

Decided July 1, 1885

Supreme Judicial Court of Maine · decided 1885-07-01

On Pacts Agreed. Trover, for a house. One Henry Hill agreed with defendant to purchase a parcel of land, of which the latter engaged to give a bond, but never did. Hill entered upon the land, cleared a part of it, and built the house in controversy. It was unfinished and not underpinned, and in that state he left it, and went to another State.

Decided 1885-07-01

Tenney, J.

¶1So far as it regards the right of the plaintiff’s intestate to the property in the house, the principles of the cases of Russell v. Richards & al., 1 Fairf. 429, and 2 Fairf. 311, are applicable to the facts of this case, and he became the proprietor of the house, by the purchase at the officer’s sale on Dec. 15, 1849.

¶2After the purchase, and a demand made therefor upon the defendant, the latter refused to make the delivery; but subsequently entered into a valid contract with John Doughty and James Wells, to sell the same to them. This is sufficient evidence of a conversion by the defendant, and the' action is maintained-

¶3Defendant defaulted.