Harrington v. Smith
Massachusetts Supreme Judicial Court
Contract in two counts, with a count in tort. The first two counts were as follows: “ 1. And the plaintiff says the defendant sold and delivered to the plaintiff one Putnam steam-engine for the sum of five hundred dollars, and warranted the same to be an engine of thirty-five horse power and capable of making and yielding such power, whereas said engine was not of thirty-five horse power and capable of making and yielding said power, but was of much less power, to wit, of…
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Contract in two counts, with a count in tort. The first two counts were as follows: “ 1. And the plaintiff says the defendant sold and delivered to the plaintiff one Putnam steam-engine for the sum of five hundred dollars, and warranted the same to be an engine of thirty-five horse power and capable of making and yielding such power, whereas said engine was not of thirty-five horse power and capable of making and yielding said power, but was of much less power, to wit, of only fifteen horse power, wherefore the plaintiff says the defendant has broken his contract of warranty; and the…
1Opinion of the CourtDevens, J.
It is important to observe, in considering the exceptions in the case at bar, that the plaintiff does not, in either of the three counts of the declaration upon which he relied, allege the engine to be a Putnam engine, rated at a certain horse power, or one properly described as a thirty horse power Putnam engine. The first two counts, which are for breach of warranty, aver that the plaintiff sold the defendant a Putnam engine, and warranted the same to be of thirty-five horse power and capable of making and yielding thirty-five horse power; and that it was not of thirty-five horse power and…
2Cited by11 opinions
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Gould v. SteinMassachusetts Supreme Judicial Court · 1889
- Grisinger v. HubbardIdaho Supreme Court · 1912
- Smith v. HaleMassachusetts Supreme Judicial Court · 1893
- Procter v. Atlantic Fish CompaniesMassachusetts Supreme Judicial Court · 1911
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