Mitchell v. Aldrich

163 A.2d 833 (1960)

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Nature of the Case

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Facts

The seller, William Comette had procured several loans from the Chittenden Trust Company. They were secured by mortgages on real and personal property. The chattel mortgage included farm machinery and the dairy herd, consisting of 102 cows. Comette decided to sell his entire herd and to this end obtained general permission from the mortgagee. He called P, informed him of his intention to sell, and sought to interest P in the purchase. P visited the Comette farm and inspected the cattle. P made an offer to purchase the herd for $7800. This offer was accepted. The terms of the sale provided for the payment of $100 at that time, $900 to be paid the following day, and the balance of the purchase price became due on the removal of the cattle from Comette's barn, in no event later than ten days. Comette informed P of the mortgage lien and it was understood by the buyers that approval of the bank was necessary to complete the transaction. Upon the payment of the $100, a written memorandum of the agreement was signed by Comette which set forth the terms of the sale and specified the sale was subject to the approval of the bank. Comette called the mortgagee and was advised D would call at his farm. It appeared that the Chittenden Trust Company had from time to time called upon D to make such appraisals. D was not in the employ of the bank and received no compensation for making the valuations. Comette informed P that D had been sent to look at the cows. D to Comette that P was a 'tough fellow to do business with and that Comette probably would never get my money after the cows left the barn.' D went on to say that it would be impossible for P to get the bank's approval for his purchase. D then offered Comette $8100 for the herd and D stated there would be no doubt of the bank's approval of that offer. Comette relied on D's statements because he believed him to be a representative of the bank. The sale was completed with the approval of the mortgagee. A net profit from the resale of the cattle was realized. D received compensation from the actual buyer for assistance in getting the cattle ready for auction. P sued D for wrongful interference with contractual relations. The court granted Ds’ motion for a directed verdict. P appealed.