Davis v. Keyes
Massachusetts Supreme Judicial Court
Contract to recover damages for breach of a warranty in the sale of a horse. At the trial in the Superior Court, before Dewey, J., it was proved and not disputed, that the plaintiff bought the ■ horse of the defendant for $150 ; then after using him a few days he returned him, claiming that he was warranted to be sound and not over eight years old, and that he was unsound and more than eight years old ; that the defendant declined to receive him ; and that the plaintiff,…
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Contract to recover damages for breach of a warranty in the sale of a horse. At the trial in the Superior Court, before Dewey, J., it was proved and not disputed, that the plaintiff bought the ■ horse of the defendant for $150 ; then after using him a few days he returned him, claiming that he was warranted to be sound and not over eight years old, and that he was unsound and more than eight years old ; that the defendant declined to receive him ; and that the plaintiff, after using him a short time longer, advertised and sold him at public auction for $46. Upon the question whether a…
1Opinion of the CourtAmes, J.
The evidence offered by the plaintiff and excluded by the court could only be considered material so far as it had a tendency to contradict the testimony of the defendant. But as the plaintiff’s claim was founded upon a contract and not upon deceit, the testimony of the defendant that he did not know the horse’s age was irrelevant to the issue. It is not certain that information from other persons, as the result of their examination, that the horse was twelve years old, can be said to furnish knowledge of the fact. He was not bound by their examination, and may have had a different opinion…
2Cited by2 opinions
- Pierce v. City of BostonMassachusetts Supreme Judicial Court · 1895
- Tuttle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890