Carey v. Guillow
Massachusetts Supreme Judicial Court
Tort. The declaration alleged “ that the plaintiff and the defendant, being each possessed of a horse, exchanged the same ; that to induce the plaintiff to make said exchange the defendant falsely and fraudulently represented to the plaintiff that his (the defendant’s) horse was sound, well and all right, and the plaintiff, believing said representations to be true, was thereby induced to make, and did make said exchange of horses with the defendant as aforesaid, and the…
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Tort. The declaration alleged “ that the plaintiff and the defendant, being each possessed of a horse, exchanged the same ; that to induce the plaintiff to make said exchange the defendant falsely and fraudulently represented to the plaintiff that his (the defendant’s) horse was sound, well and all right, and the plaintiff, believing said representations to be true, was thereby induced to make, and did make said exchange of horses with the defendant as aforesaid, and the defendant’s horse, was not sound, well and all right, but was unsound, diseased and sick with some disease which the…
1Opinion of the CourtChapman, C. J.
This is an action of tort, in which the plaintiff alleges that the parties exchanged horses, and the defendant falsely represented that his horse was sound, knowing that he was unsound, whereby the plaintiff was damaged. The defendant answers that the plaintiff falsely represented his horse to be sound, whereby the defendant was damaged. All evidence to sustain this defence was excluded, and to this ruling the defendant excepts, and contends that he had a right to establish his defence, and recoup the damages sustained by him against any damages that the plaintiff may recover. The plaintiff…
2Cases cited1 opinion
- Taft v. Inhabitants of MontagueMassachusetts Supreme Judicial Court · 1817
3Cited by24 opinions
- Hunter v. McKenzieCalifornia Supreme Court · 1925
- Barbour v. FlickCalifornia Supreme Court · 1899
- Mackenzie Oil Co. v. Omar Oil & Gas Co.Superior Court of Delaware · 1929
- Alabama Power Co. v. KendrickSupreme Court of Alabama · 1929
- Bryne v. DoreyMassachusetts Supreme Judicial Court · 1915
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