Galpin v. Atwater
Supreme Court of Connecticut
Assumpsit on a warranty. The declaration alleged that on the 21st day of September, 1857, the defendant sold to the plaintiffs the patent right for Atwater’s patent sewing machines, for the county of Middlesex, for the sum of four hundred dollars, and promised to deliver to them a sample machine within ten days, and at the time of the sale warranted the machines made under the patent “ to work well and not drop stitches, and to do' the promiscuous sewing of a family; ” and…
Read the full summary
Assumpsit on a warranty. The declaration alleged that on the 21st day of September, 1857, the defendant sold to the plaintiffs the patent right for Atwater’s patent sewing machines, for the county of Middlesex, for the sum of four hundred dollars, and promised to deliver to them a sample machine within ten days, and at the time of the sale warranted the machines made under the patent “ to work well and not drop stitches, and to do' the promiscuous sewing of a family; ” and alleged a breach of the warranty. On the trial to the jury on the general issue, the plaintiffs, to prove the. promise…
1Opinion of the CourtEllsworth, J.
In the argument of this case the counsel for the plaintiff fully admitted the correctness of the rule that whenever parties enter into an agreement and reduce the agreement to writing, the writing must be held to merge the preceding negotiation, and be taken as the exclusive evidence of their final understanding ; and also that the written contract must be taken to express all the terms and conditions of the contract. Such is undoubtedly the well established rule of law. Barber v. Brace, 3 Conn., 9; Dean v. Mason, 4 id., 430; 2 Am. Lead. Cases, 395; 5 Viner Ab., 516; Mumford v. McPherson, 1…
2Cases cited7 opinions
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Collins v. TillouSupreme Court of Connecticut · 1857
- Linsley v. LovelySupreme Court of Vermont · 1853
- Crocker v. HigginsSupreme Court of Connecticut · 1829
- Mumford v. McPhersonNew York Supreme Court · 1806
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Castleman-Blakemore Co. v. Pickrell & Craig Co.Court of Appeals of Kentucky · 1915
- O'Loughlin v. PoliSupreme Court of Connecticut · 1909
- Brosty v. ThompsonSupreme Court of Connecticut · 1906
- Lower v. HickmanSupreme Court of Arkansas · 1906
- Strakosch v. Connecticut Trust & Safe Deposit Co.Supreme Court of Connecticut · 1921
5 more not listed; retrieve them via the Exa API.