Young & Conant Manufacturing Co. v. Wakefield
Massachusetts Supreme Judicial Court
Conte act, on an account annexed, for the price of a lot of water proof cloaks of different dimensions, and one pair of sleeves, all manufactured from rubber cloth. The price of each article and the discount from the gross sum were stated in the account. The answer alleged a warranty and breach of the warranty, and a rescission of the contract.
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Conte act, on an account annexed, for the price of a lot of water proof cloaks of different dimensions, and one pair of sleeves, all manufactured from rubber cloth. The price of each article and the discount from the gross sum were stated in the account. The answer alleged a warranty and breach of the warranty, and a rescission of the contract. At the trial in the Superior Court, before Wilkinson, J., it appeared in evidence that the goods were bought and sold for the defendant’s retail trade; that it was one order, and a bill was sent to the defendant at the list price, “ 15 per cent, and 5…
1Opinion of the CourtDevens, J.
It was admitted at the trial that there had been a breach of warranty as to all the articles sold by the plaintiff to the defendant. Under the instruction of the court, before the jury could find that there had been a rescission of the contract by the defendant as to those of the articles returned, it was necessary for him not only to show that those goods were returned seasonably and in good condition, but also that the cloak actually sold and not returned was so sold under an agreement that the defendant might expose the goods bought by him to sell in order to ascertain if they were…
2Cases cited2 opinions
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
- Mansfield v. TriggMassachusetts Supreme Judicial Court · 1873
3Cited by37 opinions
- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
- Barlow Manufacturing Co. v. StoneMassachusetts Supreme Judicial Court · 1908
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Bank of Antigo v. Union Trust Co.Illinois Supreme Court · 1894
- Orenstein v. KahnSupreme Court of Delaware · 1922
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