Glackin v. Bennett
Massachusetts Supreme Judicial Court
Contract, against copartners doing business under the name of the Essex Automobile Company, on an alleged contract of warranty guaranteeing that a used motor car, which was sold by the defendants to the plaintiff for $600, could be operated for twelve miles on one gallon of gasoline, alleging that the plaintiff gave the motor car a fair trial and that the car could not be operated twelve miles on one gallon of gasoline but averaged about seven miles per gallon, whereupon the…
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Contract, against copartners doing business under the name of the Essex Automobile Company, on an alleged contract of warranty guaranteeing that a used motor car, which was sold by the defendants to the plaintiff for $600, could be operated for twelve miles on one gallon of gasoline, alleging that the plaintiff gave the motor car a fair trial and that the car could not be operated twelve miles on one gallon of gasoline but averaged about seven miles per gallon, whereupon the plaintiff returned the car to the defendants and demanded that they return the purchase price to him. Writ dated…
1Opinion of the CourtCarroll, J.
In October, 1912, the plaintiff bought from the defendants a second hand 1907 Peerless motor car, for which he paid $600. At this time a written agreement was executed, a copy of which is printed above. This action is to recover for the breach of an oral warranty (made during the negotiations resulting in the sale), that the motor car could be operated twelve miles on one gallon of gasoline. There was no evidence of fraud nor of a breach of any of the terms of the written contract. On the cross-examination of the plaintiff, when the written contract for the first time appeared in evidence, he…
2Cases cited18 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Mears v. SmithMassachusetts Supreme Judicial Court · 1908
- Goldenberg v. TaglinoMassachusetts Supreme Judicial Court · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Bates v. SouthgateMassachusetts Supreme Judicial Court · 1941
- Mitchill v. LathNew York Court of Appeals · 1928
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Povey v. Colonial Beacon Oil Co.Massachusetts Supreme Judicial Court · 1936
- Shain Investment Co., Inc. v. CohenMassachusetts Appeals Court · 1982
70 more not listed; retrieve them via the Exa API.