MADDEN V. ROSSETER
187 N.Y.S. 462 (1921)
NATURE OF THE CASE: This was a dispute over the delivery of a horse as per a contract.
FACTS: P is a resident of New York and D is a resident of California. Each owned a half
interest in a stallion called Friar Rock. Under the agreement of sale that was written in
1918, D was to have possession of the horse in California during the 1919-20 season. P was
then to have the horse for use in Kentucky during the 1921-22 season. The 1921 season was
just about to begin and D refused to deliver the horse. P sued to force the contract to be
performed. Personal service and summons were effected upon D in New York and he appeared by
his attorneys. P asked for a mandatory injunction and the appointment of a receiver to go to
California to see that the horse was shipped.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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