Mansfield v. Trigg
Massachusetts Supreme Judicial Court
Contract for the price of certain barrels, and half barrels of mackerel sold by the plaintiffs to the defendants. The answer alleged that the plaintiffs, in order to induce the defendants to buy the mackerel, represented that they were in good order, late caught, and according to the inspection marks, and warranted that they should be of the first quality of late caught fish, and should be of the grades and sizes indicated by the inspection marks ; that upon receipt of them…
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Contract for the price of certain barrels, and half barrels of mackerel sold by the plaintiffs to the defendants. The answer alleged that the plaintiffs, in order to induce the defendants to buy the mackerel, represented that they were in good order, late caught, and according to the inspection marks, and warranted that they should be of the first quality of late caught fish, and should be of the grades and sizes indicated by the inspection marks ; that upon receipt of them they found they were not as they were warranted and represented to be; that those marked and inspected as No. 1 were of…
1Opinion of the CourtWells, J.
If it were to be held, upon the testimony of James Mansfield, that there were two contracts of sale, each of one half the whole number of barrels of mackerel; or that the entire contract was divisible in accordance with the several deliveries; it would not permit the defence on the ground of rescission to be maintained, because there has been no complete return according to either of such divisions.
The presiding judge ruled, not only that it was not an entire contract, but in effect that it was divisible so as to give the defendants a right of rescission as to each package or barrel…
2Cases cited1 opinion
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
3Cited by23 opinions
- Mulcahy v. DieudonneSupreme Court of Minnesota · 1908
- Young & Conant Manufacturing Co. v. WakefieldMassachusetts Supreme Judicial Court · 1876
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Barrie v. EarleMassachusetts Supreme Judicial Court · 1886
- National Wholesale Grocery Co. v. MannMassachusetts Supreme Judicial Court · 1925
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