Baker v. Carpenter
Massachusetts Supreme Judicial Court
Contract for failure of the defendants to deliver corn and oats of the quality sold by them to the plaintiffs. The declaration alleged that the defendants falsely represented the oats and corn to be good merchantable oats and corn of a certain quality; that the plaintiffs, relying upon said representations, purchased the oats and corn and paid for the same; and that the oats and corn delivered by the defendants were not of the quality represented, but were “ of an inferior,…
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Contract for failure of the defendants to deliver corn and oats of the quality sold by them to the plaintiffs. The declaration alleged that the defendants falsely represented the oats and corn to be good merchantable oats and corn of a certain quality; that the plaintiffs, relying upon said representations, purchased the oats and corn and paid for the same; and that the oats and corn delivered by the defendants were not of the quality represented, but were “ of an inferior, poor and worthless quality, whereby the plaintiffs suffered great loss and damage.” The answer denied these allegations,…
1Opinion of the CourtGray, C. J.
The declaration alleged that the defendants falsely represented the oats and corn, sold by them to the plaintiffs, to be good merchantable oats and corn of a certain quality. The answer denied these allegations, and alleged that the defendants’ contract was to sell oats and corn of a certain quality, subject to the inspection of one Morgan; and that they were duly inspected and certified by him to be of that quality. Proof of the contract and the certificate set up in the answer would tend to disprove the plaintiffs’ case. Rodman v. Guilford, 112 Mass. 405. And the defendants might prove each…
2Cases cited2 opinions
- Rodman v. GuilfordMassachusetts Supreme Judicial Court · 1873
- Sheren v. City of LowellMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Volusia County Bank v. BigelowSupreme Court of Florida · 1903
- Cutter v. CooperMassachusetts Supreme Judicial Court · 1920
- Gunn v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Wetherbee v. WinchesterMassachusetts Supreme Judicial Court · 1880
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