Cardoze v. Swift
Massachusetts Supreme Judicial Court
Tort. The declaration was as follows: “ And the plaintiff says the defendant sold him a cow, for which the plaintiff paid him one hundred dollars, and to induce the plaintiff to buy said cow, the defendant falsely represented to the plaintiff that said cow was a good milker, was gentle and kind, and was gentle and kind while being milked, and could be milked anywhere.
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Tort. The declaration was as follows: “ And the plaintiff says the defendant sold him a cow, for which the plaintiff paid him one hundred dollars, and to induce the plaintiff to buy said cow, the defendant falsely represented to the plaintiff that said cow was a good milker, was gentle and kind, and was gentle and kind while being milked, and could be milked anywhere. And the plaintiff relying upon said representations was thereby induced to buy said cow; and the plaintiff says said cow was not a good milker, nor gentle and kind, nor gentle and kind while being milked, but was unkind, and…
1Opinion of the CourtGray, C. J.
If the contract of sale was made and completed on the Lord’s day, it was unlawful, and neither party was entitled to sue the other, either on the contract itself, or for any deceit practised in procuring it. Robeson v. French, 12 Met. 24. Hall v. Corcoran, 107 Mass. 251, 253. Cranson v. Goss, Ib. 439. The only question in this case is of the effect of the defendant's omission to specify the illegality in his answer.
*252In Jones v. Andover, 10 Allen, 18, where the plaintiff alleged that, while travelling, using due care, on a highway which the defendants were bound to keep in repair, he sustained…
2Cases cited1 opinion
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
3Cited by22 opinions
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- Doon v. SmithOregon Supreme Court · 1893
- Reed v. JohnsonWashington Supreme Court · 1901
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
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