Learned v. Hall
Massachusetts Supreme Judicial Court
Contract for a breach of warranty in the sale of a horse, with a count in tort for fraudulent representations. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the defendant purchased a horse, at the request of the plaintiff, of one Warner, of the State of New York.
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Contract for a breach of warranty in the sale of a horse, with a count in tort for fraudulent representations. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the defendant purchased a horse, at the request of the plaintiff, of one Warner, of the State of New York. It was a material question whether at the time of the purchase the horse was vicious and unkind, and whether the defendant at the time he made such purchase knew he was vicious and unkind. The defendant testified that he had little…
1Opinion of the CourtC. Allen, J.
To meet the argument which might legitimately have been derived from the omission to read the deposition in evidence, the plaintiff did not offer to show that it was out of his power to introduce it, as, for example, that it had been lost, stolen, or destroyed. But the testimony which was offered would still have left the fact to be correctly inferred, it would indeed have furnished direct proof of the fact, that the plaintiff did not use the deposition because he thought it would not help his case.
It was a matter of no legal materiality how it happened that the plaintiff became disappointed…
2Cited by9 opinions
- In Re Everett's WillSupreme Court of Vermont · 1933
- State v. BiggerstaffMontana Supreme Court · 1896
- Robinson v. WoodfordWest Virginia Supreme Court · 1892
- Cudahy Packing Co. v. SkoumalCourt of Appeals for the Eighth Circuit · 1903
- Mizula v. SawyerSupreme Judicial Court of Maine · 1931
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