Wake County, NC - Henry Branson v. Joseph Gales, 1819

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                 North Carolina Supreme Court
                Henry Branson v. Joseph Gales
                          From Wake

In a conversation between A and B, relative to a purchase of a pair of 
horses, the price was agreed upon; but A said he could not spare the 
horses until they had made another trip in the stage. B agreed to 
deposit the money with C, and when the horses had made another trip in 
the stage, and A ascertained that B had deposited the purchase money 
with C, he was to deliver the horses to the stage-driver for B. Before 
the trip was completed, the horses ran away with the stage, and one of 
them got much injured. A tendered the horses, and demanded the purchase 
money deposited with C. He is not entitled to the money, because the 
right to the horses was not changed, the contract of sale not being 
complete.

This was an action of assumpsit, brought to recover from the Defendant, 
as agent for one Bailey, the sum of $300, the price of a pair of 
horses, which the Plaintiff alleged he had sold to Bailey. The case 
was, that Bailey had a conversation with Branson relative to the 
purchase of a pair of horses, which were then driven in Branson’s 
stage; they agreed upon the price, but Branson said he could not spare 
the horses until they had taken another trip; that by the time they 
should make this trip and return to Fayetteville, Bailey would be able 
to satisfy him that the purchase money was lodged in the hands of the 
Defendant, Joseph Gales, at Raleigh; upon the ascertainment of which, 
Branson was to deliver the horses to the stage-driver upon Bailey’s 
account, the stage-driver having agreed with Bailey to take the horses 
from Fayetteville to Raleigh, and to drive them thence to Charleston 
with Bailey’s family. On the arrival of the stage-driver at 
Fayetteville, the horses took a fright and ran away with the stage, and 
one of the horses was thereby so injured, that he was rendered utterly 
unfit for taking Bailey’s family to Charleston, the purpose for which 
they were wanted. The stage-driver left Fayetteville in order to join 
Bailey at Raleigh, who, he expected, would procure other horses; and 
according to his, the stage-driver’s understanding of the contract, the 
horses were not to be considered as Bailey’s property until they were 
delivered to him, the stage-driver, to take to Bailey; which was not to 
take place until Branson had received the price, or was satisfied as to 
the deposit. The Jury found a verdict for the Defendant, and a rule for 
a new trial was obtained upon the ground, that the contract of sale was 
complete before the horse received the injury, and the Plaintiff became 
entitled to the money deposited with the Defendant, as soon as the 
deposit was made. The rule was sent to this Court.

By the Court – Let the rule for a new trial be discharged.

Source: North Carolina Reports – May Term, 1819

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This file was contributed for use in the USGenWeb Archives by
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