The agreement in Tempest v. Fitzerald (1820) B & Ald 680 concerned the sale of a horse. The defendant promised to purchase the plaintiff’s horse and committed to deliver it to the plaintiff on a specific date upon payment. However, the defendant showed up before the designated day, mounted the horse, and requested that the plaintiff keep the horse for an additional week. He then made a promise to return at the end of the week to collect payment and remove the animal. But the horse passed away before the week was up. It was decided that since there was no ownership transfer, the transaction could be avoided. Loss was deemed to be the plaintiff’s responsibility.
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