Smith v. Hale
Massachusetts Supreme Judicial Court
Two actions. The first was tort for breaking and entering the plaintiffs close in Conway, and the second was replevin of a heifer. The cases were tried together in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows. It appeared that, on October 10, 1890, the plaintiff exchanged a buggy wagon with side springs for a heifer of the defendant ; and that both wagon and heifer were delivered.
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Two actions. The first was tort for breaking and entering the plaintiffs close in Conway, and the second was replevin of a heifer. The cases were tried together in the Superior Court, before Maynard, J., who allowed a bill of exceptions, in substance as follows. It appeared that, on October 10, 1890, the plaintiff exchanged a buggy wagon with side springs for a heifer of the defendant ; and that both wagon and heifer were delivered. There was evidence tending to show that the buggy had been used five or six years, and the plaintiff had owned it about six months; that the springs were each a…
1Opinion of the CourtAllen, J.
It is settled in this Commonwealth that a breach of warranty upon a sale of personal property authorizes the purchaser to rescind the contract and return the article, although there was no express agreement to that effect, and no fraud. Bryant v. Isburgh, 13 Gray, 607. It has been found in this case that there was such breach of warranty and right of rescission. The bill of exceptions states that there was evidence tending to show that the defendant, claiming a right to rescind, left the buggy upon the plaintiff’s premises, and demanded the heifer, and that the plaintiff refused to give up…
2Cases cited3 opinions
- McLeod v. JonesMassachusetts Supreme Judicial Court · 1870
- Harrington v. SmithMassachusetts Supreme Judicial Court · 1884
- Smith v. PierceMassachusetts Supreme Judicial Court · 1872
3Cited by15 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Massachusetts Lubricant Corp. v. SoconyVacuum Oil Co.Massachusetts Supreme Judicial Court · 1940
- Alden v. HartMassachusetts Supreme Judicial Court · 1894
- Bacon v. HookerMassachusetts Supreme Judicial Court · 1901
- Seale v. SchultzCourt of Appeals of Texas · 1927
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