Chinery v Viall
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 1860 |
| Date | 10 February 1860 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 1192
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C. 29 L. J. Ex. 180, 8 W. R. 629 Followed, Johnson v. Stear, 1863, 15 C. B. (N. S.) 330; Attack v Bramwell, 1863, 3 B. & S 520 Applied, Donald v Suckling, 1866, L. R. 1 Q B. 585; Hiort v. London and North Western. Railway, 1879, 4 Ex D 199; Belsize Motor Supply Company v. Cox, [1914] 1 K. B 244 Distinguished, Mulliner v Florence, 1878, 3 Q B D. 490, Johnson v Lancashire and Yorkshire Railway, 1878, 3 C. P. D. 507. Considered, Rew v Payne, 1885, 53 L. T. 935, 5 Asp M. C 515
chineey v. VIALL. Feb. 10, I860.-A. having bought some sheep on credit left them in the custody of the vendor Without any default on the part of A the vendor resold the sheep Held . First, that, though the price had not been paid or tendered by A., the resale was a conversion of the sheep by the vendor in respect of which A. was entitled to maintain trover.-Secondly. That the 5H&N. 2Si. CBINERY V. VIALL 1193 measure of damage was not the value of the sheep, but the loss sustained by A. by not having the sheep delivered to him at the price agreed on [S C. 29 L. J. Ex. 180, 8 W. R. 629 Followed, Johnson v. Stem, 1863, 15 C. B. (N. S.) 330 ; Attack v Bramwell, 1863, 3 B. & S 520 Applied, Donald v Sodding, 1*66, L. R. 1 Q B. 585; Hiort v. ZoKdwt ad North WeJern. Railway, 1879, 4 Ex D 199; Belsize Motoi Supply Company v. G'or, [1914] 1 K. B 244 Distinguished, Mulhmr v Flotcnce, 1878, 3 Q B D. 490,, Johnson v Limc,ashitA and Yorkshire Railway, 1878, 3 C. P. D. 507. Considered, Hew v /fy/ie, 1885, 53 L. T. 935, 5 Asp M. C 515] Declaration. First count That the plaintiff agreed with the defendant to buy, and the defendant agreed with the plaintiff to sell to him, 48 sheep, to be taken and fetched away from the defendant's premises within a fortnight, at 53s a head; and though plaintiff was always ready and willing to pay, and all things happened to entitle the plaintiff to have the sheep deliveieel to him, yet the defendant refused to allow the plaintiff to have or take the sheep &c. Second count. Tiover for 43 sheep. [289] Pleas To the first count Traverse of agreement To the second count First, not guilty. Secondly, that the goods &c \vere not the goods &c of the plaintiff Whereupon issue was joined. At the trial, before Br am well, B, at the sittings in London after last Trinity Term, the plaintiff proved that, on the 10th of January, 1859, the defendant agreed to sell him 48 sheep at 53s. a head. The plaintiff" took five away on that day, and said he would send some money on the following Saturday On that day the defendant wrote to the plaintiff the following note - "Mr. Chinery. " I should thank you, according to promise, to send me by beaier 121. or 131. towards the sheep you had on Monday. The icason of sending so early, I want to go another way.-Youis &c. "alfred P viall." The plaintiff sent the defendant 151. On the same day the defendant wrote another note to the plaintiff as follows - tcMr. Chinery. " I tind by my man that you sent by him 151, which is 11 15s more than five sheep come to ; which I have returned. At the same time I wish to inform you I do not intend letting any more sheep out of my yard before they are...
To continue reading
Request your trial
- Butler v Egg and Egg Pulp Marketing Board
- Hawkins v Clayton
-
The Arpad
...Grébert-Borgnis v. NugentELR 15 Q. B. Div. 85 Hollis v. Fowler, 27 L. T. Rep. 168 L. Rep. 7 H. L. 757 Chinery v. ViallENR 2 L.T. Rep. 466 5 H. & N. 288 Hiort v. London and North-Western Railway CompanyENR 40 L.T. Rep. 674 L. Rep. 4 Ex. 188 The paranaDID=ASPM 3 Asp. Mar. Law Cas. 399 36 L.T.......
-
Attack v Bramwell
...taken at all, it is more than an irregularity, but here the question is as to the measure of damages in trespass. In Chinery v. Viall (5 H. & N. 288), where the vendee of sheep, bought on credit, left them, for his own convenience, in the custody of the vendor, who resold them, it was held ......