Trover. Pacts found by the court. The plaintiff gave the defendant a set of diamond ear-drops upon a certain condition which the defendant did not perform. Subsequently, and upon the plaintiff’s demand, the defendant returned to her the gold settings of the drops with comparatively valueless stones substituted for the diamonds.
Cited by 1 later decisions — most recently April 1976
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
To enable the plaintiff to maintain her action, no tender of the spurious stones was necessary. They came to her possession by tbe defendant’s consent, and she was under no obligation to return them until they were demanded. Tbe delivery of tbe false stones was, in substance, a refusal to deliver tbe genuine ones. But to avoid further controversy, the plaintiff may deposit them with tbe clerk for delivery to the defendant when she calls for them. When this deposit is made, there will' be
