Legal Opinion

Thomson v. Pentecost

Massachusetts Supreme Judicial Court

Decided November 1, 1911PublishedCited by 21 opinions

Two actions OE tobt for damages alleged to have been caused by false and fraudulent representations of the defendant, whereby the plaintiff Thomson was induced to purchase certain live stock from the defendant and with the plaintiff Stone to take a lease from the defendant of a dairy farm in ISTorthfield, called the Maples Dairy, and the plaintiff Stone was induced to give up a profitable business in which he was engaged in order to become one of the lessees and to manage…

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Two actions OE tobt for damages alleged to have been caused by false and fraudulent representations of the defendant, whereby the plaintiff Thomson was induced to purchase certain live stock from the defendant and with the plaintiff Stone to take a lease from the defendant of a dairy farm in ISTorthfield, called the Maples Dairy, and the plaintiff Stone was induced to give up a profitable business in which he was engaged in order to become one of the lessees and to manage the dairy. Writs dated March 16, 1907. In the Superior Court the cases first were tried together before King, J. The jury…

1Opinion of the CourtBraley, J.

By our former decision the defendant’s liability was determined, but because of error in the instructions a new *226trial was ordered on the measure of damages only, and no other question remained open for the defendant to contest. Pratt v. Boston Heel & Leather Co. 134 Mass. 300, 302. Thomson v. Pentecost, 206 Mass. 505, 513. The cases are again before us upon numerous exceptions which he alleged at the second trial.

It is contended that a verdict for the defendant should have been directed, as, the wrong suffered by the plaintiffs having been joint, they could not sever and bring separate…

2Cases cited9 opinions

  1. Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
  2. Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
  3. Whiting v. PriceMassachusetts Supreme Judicial Court · 1898
  4. Kilgore v. BruceMassachusetts Supreme Judicial Court · 1896
  5. Hedden v. GriffinMassachusetts Supreme Judicial Court · 1884

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
  2. Rice v. PriceMassachusetts Supreme Judicial Court · 1960
  3. McKinley v. WarrenMassachusetts Supreme Judicial Court · 1914
  4. Gopen v. American Supply Co., Inc.Massachusetts Appeals Court · 1980
  5. Sandler v. ElliottMassachusetts Supreme Judicial Court · 1957

16 more not listed; retrieve them via the Exa API.

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