Bishop v. Small
Supreme Judicial Court of Maine
On exceptions. Case for deceit on the sale of the right to make and vend a patented crank churn for the States of Kentucky and West Yirginia, for which plaintiff and one Eaton paid the defendant $7000, being induced to do so by certain false and fraudulent representations made to them by Small, which are sufficiently stated in the opinion.
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On exceptions. Case for deceit on the sale of the right to make and vend a patented crank churn for the States of Kentucky and West Yirginia, for which plaintiff and one Eaton paid the defendant $7000, being induced to do so by certain false and fraudulent representations made to them by Small, which are sufficiently stated in the opinion. The plaintiff offered to prove that he bought this right relying upon these statements, that other similar ones were made by the defendant, and that they were false; that he spent six weeks in Kentucky, in a vain effort to introduce the churn into use; that…
1Opinion of the CourtPeters, J.
The plaintiff seeks to recover damages for a deceit in the sale of a patent right. The representations of the defendant, relied upon, were substantially these : — that the patent right was a “good thing;” “of great utility and benefit, and popular;” that “it was in great demand, and that the defendant had been offered $10,000 for it, for the territory of Pennsylvania that he had “sold one quarter of the right for the territory of Pennsylvania, for $1000;” that “it had been rapidly sold, and he had sold interests in it as fast as he could travel on the road ;” that “he had himself bought…
2Cases cited1 opinion
- Ives v. CarterSupreme Court of Connecticut · 1856
3Cited by11 opinions
- Eaton v. SontagSupreme Judicial Court of Maine · 1978
- Graffenstein v. E. Epstein & Co.Supreme Court of Kansas · 1880
- Lander v. SheehanMontana Supreme Court · 1905
- Robinson v. PhegleyOregon Supreme Court · 1917
- Handy v. WaldronSupreme Court of Rhode Island · 1894
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