US SUPREME COURT DECISIONS

U.S. Supreme Court

Porter v. Graves, 104 U.S. 171 (1881)

Porter v. Graves

104 U.S. 171

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF NEW YORK

Syllabus

1. The declaration in an action against A., B., and C., to recover the price of a saw mill sold to them alleges that they were, at the time of the sale, partners in the business of sawing and manufacturing lumber and timber and of procuring, owning, and operating a saw mill for that purpose at a designated place. B., who alone appeared or was served with process, admitted in his answer that he and A. and C. were interested together in the business of sawing and manufacturing lumber at the time mentioned, and "contemplated and intended to procure by lease or purchase, or erect, a saw mill" at said place. It was proved that the mill at the time of the sale was in their possession. Held that an instruction to the jury that the partnership was conceded was not erroneous.

2. Quaere can a party who buys property at a public sale to perfect his previous private purchase thereof have the sale vacated on the ground that it was contrary to law and public policy, or, after having received and used the property, can he, when sued for the purchase money, set up such a defense.