Wright v. Frank A. Andrews Co.
Massachusetts Supreme Judicial Court
Tort or contract, the first count being in tort for the conversion of a diamond ring, and the second, after amendment, for a breach of a contract in failing to deliver such a ring. Writ dated July 30,1908. In the Superior Court the case was tried before Hitchcock, J. Facts which the jury were warranted in finding are stated in the opinion.
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Tort or contract, the first count being in tort for the conversion of a diamond ring, and the second, after amendment, for a breach of a contract in failing to deliver such a ring. Writ dated July 30,1908. In the Superior Court the case was tried before Hitchcock, J. Facts which the jury were warranted in finding are stated in the opinion. The date of the purchase of the diamond therein referred to was October 11, 1907. The plaintiff’s offer to rescind was by a letter dated March 6, 1908. The plaintiff’s tender of $400 and demand for the ring was on July 30, 1908. At the close of the evidence…
1Opinion of the CourtSheldon, J.
The jury could find that the plaintiff purchased a particular diamond of the defendant, the title to which at once passed to the plaintiff, but that he left it with the defendant to be set in a ring, for the whole price of $500, of which he paid down the sum of $100. They also could find, that the stone was set in the ring to his satisfaction and acceptance, and that the defendant then retained it until he should make full payment therefor. The plaintiff, as it could be found, could not then pay the residue of the price, and after a considerable delay made an offer to the defendant to rescind…
2Cases cited6 opinions
- Putnam v. GliddenMassachusetts Supreme Judicial Court · 1893
- Automatic Time Table Advertising Co. v. Automatic Time Table Co.Massachusetts Supreme Judicial Court · 1911
- Sherwin v. MudgeMassachusetts Supreme Judicial Court · 1879
- Wesoloski v. WysoskiMassachusetts Supreme Judicial Court · 1904
- Norfolk Hardwood Co. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
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3Cited by3 opinions
- Lowell v. HudsonMassachusetts Supreme Judicial Court · 1929
- Gilman v. ZirkinMassachusetts Supreme Judicial Court · 1928
- Anderson v. MercadoCourt of Appeals for the First Circuit · 1947