Winchell v. Carey
Massachusetts Supreme Judicial Court
Contract against William L. Carey and Charles Kingsley. At the trial in the Superior Court, before Allen, J., evidence was introduced tending to show that Carey had falsely represented to the plaintiff that he was a partner of Kingsley, that the plaintiff was thereby induced to sell four head of cattle to Carey, that the sale and delivery of the cattle was completed on the Lord’s day; that Carey, after the delivery of the cattle, and not on Sunday, slaughtered the cattle and…
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Contract against William L. Carey and Charles Kingsley. At the trial in the Superior Court, before Allen, J., evidence was introduced tending to show that Carey had falsely represented to the plaintiff that he was a partner of Kingsley, that the plaintiff was thereby induced to sell four head of cattle to Carey, that the sale and delivery of the cattle was completed on the Lord’s day; that Carey, after the delivery of the cattle, and not on Sunday, slaughtered the cattle and sold the beef to his own use, and the plaintiff, not on Sunday and after such slaughter and sale, demanded pay for the…
1Opinion of the CourtGray, C. J.
If the plaintiff was induced to make the contract of sale of her property by the false representation of Carey on a previous day that he was a partner with Kingsley, her right to avoid the contract would be wholly independent of the question whether the sale and delivery were made on the Lord’s day, the property would remain hers, and a subsequent demand by her of payment, and promise of Carey to pay for the property, would amount to a sale from her to him, and support an action against him; and by the Gen. Sts. c. 183, § 5, he may be found liable, although Kingsley is not. Upon such a state…
2Cases cited2 opinions
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Bauer v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1934
- Aspell v. HosbeinMichigan Supreme Court · 1893
- Brazee v. BryantMichigan Supreme Court · 1883
- Rott v. GoldmanMichigan Supreme Court · 1926