Giroux v. Stedmax
Massachusetts Supreme Judicial Court
Four actioxs of tort. The declaration in the first case was as follows: “ And the plaintiff says the defendants solicited him to purchase from them a certain quantity of meat to be used as and for provisions for himself and others; that said meat was unwholesome, corrupted, tainted, and unfit to be used as provisions; that said defendants, well knowing said meat to be unwholesome, tainted, and corrupted, and unfit and improper meat to be used as provisions, were bound to…
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Four actioxs of tort. The declaration in the first case was as follows: “ And the plaintiff says the defendants solicited him to purchase from them a certain quantity of meat to be used as and for provisions for himself and others; that said meat was unwholesome, corrupted, tainted, and unfit to be used as provisions; that said defendants, well knowing said meat to be unwholesome, tainted, and corrupted, and unfit and improper meat to be used as provisions, were bound to give the plaintiff notice and information of said unfit, unsafe, and tainted condition of said meat, and were bound to tell…
1Opinion of the CourtDevexs, J.
It was known to the defendants that the plaintiffs purchased the meat to be used as provisions, but it was held by the presiding judge that, in order that they should recover, they must prove the allegations in their declarations, that the defendants knew that the meat sold by them was unwholesome, and improper to be used as provisions. He instructed the jury that, at common law, the general rule is, that where personal property is sold in the presence of buyer and seller, each having an opportunity to see the property, and there is nothing said as to the quality, the only implied warranty on…
2Cases cited4 opinions
- French v. ViningMassachusetts Supreme Judicial Court · 1869
- Hoover v. PetersMichigan Supreme Court · 1869
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
- Van Bracklin v. FondaNew York Supreme Court · 1815
3Cited by15 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
- Nelson v. Armour Packing Co.Supreme Court of Arkansas · 1905
- Pelletier v. DupontSupreme Judicial Court of Maine · 1925
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