Dean v. Mason
Supreme Court of Connecticut
The plaintiff, in the first count, declared as follows: “That on the 18th of August, 1818, in consideration that the plaintiff would buy of him, the defendant, and at his special request, two certain bales of deer-skins, of the weight of 1503 pounds, at a large price, viz. at the rate of 30 cents per pound, amounting to the sum of 450 dollars, 90 cents, the defendant then and there undertook and faithfully promised the plaintiff, that said skins were in good and merchantable…
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The plaintiff, in the first count, declared as follows: “That on the 18th of August, 1818, in consideration that the plaintiff would buy of him, the defendant, and at his special request, two certain bales of deer-skins, of the weight of 1503 pounds, at a large price, viz. at the rate of 30 cents per pound, amounting to the sum of 450 dollars, 90 cents, the defendant then and there undertook and faithfully promised the plaintiff, that said skins were in good and merchantable order; that the plaintiff giving faith and credit to the promise aforesaid of the defendant, and at his special…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff has insisted, that his action is sustainable on the ground, first, of express warranty; secondly, of implied warranty; and thirdly, of fraud.
1. As to the claim on the ground of express warranty.
The written contract exhibited in evidence, contains no clause, warranting the soundness or goodness of the articles sold. The vendor agreed to deliver two bales of deer-skins, at the price of 30 cents per pound; and this, so far as relates to the point under consideration, was the whole engagement. The plaintiff offered in evidence certain affirmations, made to induce the…
2Cases cited3 opinions
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Stevens v. CooperNew York Court of Chancery · 1815
- Hallock v. PowellNew York Supreme Court · 1804
3Cited by19 opinions
- Crocker v. HigginsSupreme Court of Connecticut · 1829
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Providence Washington Insurance v. Board of EducationWest Virginia Supreme Court · 1901
- Kellogg v. DenslowSupreme Court of Connecticut · 1841
- Johnson v. BlackmanSupreme Court of Connecticut · 1836
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