64 N.H. 606
15 A 123
Supreme Court of New Hampshire
Decided June 5, 1888
Supreme Court of New Hampshire · decided 1888-06-05
Trover, for 100 bushels of oats. Facts found by a referee. Tbe defendant, having a bin of oats containing more than 200 bushels, sold 200 bushels of them to the plaintiff, to be weighed out at thirty-two pounds to the bushel. About 100 bushels were weighed out and delivered according to the contract; and it is for failure to deliver the remainder of the 200 bushels on demand that this suit is brought.
Cited by 1 later decisions — most recently May 1926
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1888-06-05
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¶1 The plaintiff has mistaken his remedy. To sustain trover he must prove a general or special property in the oats, and a right to their immediate custody. The facts prove neither of these requisites, but disprove both. They show a breach of contract by the defendant, and nothing else. For this breach he is amenable, and for this only. The exception is overruled, and unless the plaintiff elects to amend, there will be
¶2 Judgment for the defendant.