Whitney v. Houghton
Massachusetts Supreme Judicial Court
Contract for breach of warranty in the sale of a cow. At the trial in the Superior Court, before Putnam, J., the plaintiff’s evidence tended to show that he bought the cow of the defendant on May 6,1874; that the defendant then warranted the cow to be sound and all right; and that there was a breach of this warranty. The defendant contended that the sale was made about the middle of April, 1874; and that the cow .was then sound.
Read the full summary
Contract for breach of warranty in the sale of a cow. At the trial in the Superior Court, before Putnam, J., the plaintiff’s evidence tended to show that he bought the cow of the defendant on May 6,1874; that the defendant then warranted the cow to be sound and all right; and that there was a breach of this warranty. The defendant contended that the sale was made about the middle of April, 1874; and that the cow .was then sound. The defendant called one Cummings as a witness, who testified that in the year 1874 he was an assessor of taxes in the town of Harvard, where the defendant lived;…
1Opinion of the CourtEndicott, J.
At the trial, the defendant was allowed to prove that, in an interview with a witness on May 2, the fact that he had then sold the cow to the plaintiff was the subject of conversation. This evidence had a material bearing upon the question, when the sale took place, which was in dispute between the parties. The presiding judge admitted the fact that there was such a conversation, but refused to allow the witnesses to testify to what was said. But the character of the conversation cannot be changed by thus describing it. From the fact that there was such a conversation, it is evident that the…
2Cases cited2 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1877
3Cited by7 opinions
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
- Nicholson v. TarpeyCalifornia Supreme Court · 1886
- Wallace v. Berry, AdmintstratorTexas Supreme Court · 1892
- Fredin v. RichardsSupreme Court of Minnesota · 1896
- Ouimette v. HarrisMassachusetts Supreme Judicial Court · 1914
2 more not listed; retrieve them via the Exa API.