Tboveb, for sixteen cases of rubber boots and shoes. Trial by-jury and verdict for the plaintiffs. Transferred from the May term, 1903, of the superior court by Wallace, C. J. The plaintiffs’ evidence tended to prove the following facts: In the spring of 1901, Peter S. Laducer was keeping a shoe store-in Claremont, and the plaintiffs sold him at that time the property in controversy, to be delivered in the early fall and to be paid for December 1.
Cited by 2 later decisions — most recently February 1950
¶2
In this case there was evidence from which it could be found that prior to September 4, 1901, the sale of the goods to La'ducer had been rescinded by mutual consent; that the title to the goods never vested in Mineau; that on September 4, 1901, when the
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defendant converted them to his own use, the title and right of possession was in the plaintiffs; that the lien created by the defendant’s attachment, if valid, was abandoned; and that there was no sale of the goods by Laducer to the defendant.