Hastings v. Lovering
Massachusetts Supreme Judicial Court
The plaintiff declared in assumpsit, for that whereas, in consideration that he would buy of the defendant 2000 gallons of winter oil of prime quality, the defendant “ undertook and faithfully promised him, the said Hastings, that the said on was of a good and superior quality, to wit, prime quality winter oil,” he, the plaintiff, did buy the 2000 gallons, yet that the oil was not prime quality winter oil.
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The plaintiff declared in assumpsit, for that whereas, in consideration that he would buy of the defendant 2000 gallons of winter oil of prime quality, the defendant “ undertook and faithfully promised him, the said Hastings, that the said on was of a good and superior quality, to wit, prime quality winter oil,” he, the plaintiff, did buy the 2000 gallons, yet that the oil was not prime quality winter oil. At the trial, which was before Parker C. J., the contrac* of warranty was proved by a writing in the following terms : “Boston, April 11th, 1822. Sold Mr. E. T. Hastings two thousand…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. The first question to be decided is, whether the paper offered as evidence of the contract declared upon, amounts in law to a warranty that the oil sold should be of any particular kind or quality. The words of the writing are, “ Sold Mr. E. T. Hastings two thousand gallons prime quality winter oil.” It is argued that the words which relate to the quality, amount to a description only of the thing sold, and not to an undertaking that it should be of the quality described. The case in Douglas, (Bree v. Holbech,) is the strongest in support of…
2Cases cited6 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Gallagher v. WaringNew York Supreme Court · 1832
- Paine v. FoxMassachusetts Supreme Judicial Court · 1819
- Higgins v. LivermoreMassachusetts Supreme Judicial Court · 1817
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- The People v. ShaverIllinois Supreme Court · 1937
- Central Mercantile Co. v. GravesSupreme Court of Kansas · 1906