Roe v. Martin

Headnote

if the vendee tajve ^goods dor after contract of sale executed; the law implies a promise by the vendee to pay the expenses of keeping them.

Un certiorari to a Justice’s Court. One question was, whether the evidence, in the Court below, sustained the action. It was assumpsit, by Martin against Roe, for keeping the mare of the latter. It appeared that the plaintiff agreed

to exchange his mare for the defendant’s horse. The plaintiff received a delivery of the horse, and the defendant agreed to take the mare from the plaintiff’s residence, the next morning, which was not done; but she had remained with the plaintiff for a time, and had been kept by him. Verdict and judgment for the plaintiff.