Commonwealth v. Jackson

The defendant was indicted under the Gen. Sts. c. 161, § 54," for falsely pretending and asserting to one John A. Parker that a certain horse was sound "and kind, with the knowledge that such assertion was false, and with intent to defraud the said Parker by inducing him to part with his money and other valuable property; and for actually so defrauding him.

A statement, in the negotiations for a sale, that a horse is sound and kind, may be a mere affirmation or expression of opinion, and may thus come under what is sometimes designated as “ dealer’s talk,” and be treated as only the mere…