Medbury v. Watson
Massachusetts Supreme Judicial Court
Trespass upon the case, for an alleged false and fraudulent affirmation by the defendant, respecting the value, &c. of a certain tannery, which the plaintiffs were thereby induced to purchase at a greater price than it was worth, &c. The original declaration was for the same cause of action that is set forth in an amended count hereinafter stated at large, post. 250, 251. The defendant pleaded the general issue, and gave notice of defence under the statute of limitations.
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Trespass upon the case, for an alleged false and fraudulent affirmation by the defendant, respecting the value, &c. of a certain tannery, which the plaintiffs were thereby induced to purchase at a greater price than it was worth, &c. The original declaration was for the same cause of action that is set forth in an amended count hereinafter stated at large, post. 250, 251. The defendant pleaded the general issue, and gave notice of defence under the statute of limitations. At the trial before Hubbard, J., the plaintiffs offered to prove, by parol evidence, that in January 1833, they were at…
1Opinion of the CourtHubbard, J.
On the opening of the case to the jury, and on the offering of a witness to prove the misrepresentations alleged, the defendant’s counsel objected to the admission of the testimony, because the representation was not in writing. A second objection was also taken, that the action, as set forth in the plaintiffs’ declaration, could not be maintained at common law. For the purpose of settling the questions, the evidence was rejected, and a nonsuit entered by consent. After the entry was made, the plaintiffs moved for leave to amend their declaration.
The first objection rests on the supposed…
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