Cooper v. Landon
Massachusetts Supreme Judicial Court
Contract for the price of a horse sold by the plaintiff to the defendants. The answer, after a general denial, set up that, if the plaintiff should produce evidence tending to prove his allegations, the defendants would show that the horse was bought under the following circumstances, viz: that the defendants were hauling charcoal to a furnace, with a team of horses, when one of the horses became disabled, and the plaintiff applied to them to buy his horse, and, to induce…
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Contract for the price of a horse sold by the plaintiff to the defendants. The answer, after a general denial, set up that, if the plaintiff should produce evidence tending to prove his allegations, the defendants would show that the horse was bought under the following circumstances, viz: that the defendants were hauling charcoal to a furnace, with a team of horses, when one of the horses became disabled, and the plaintiff applied to them to buy his horse, and, to induce them to make the purchase, “ represented ” to them that his horse was capable of the service required in hauling the…
1Opinion of the CourtChapman, C. J.
The distinction that is recognized in legal proceedings between contracts and torts is founded in the nature of things, and is important. • The system of special pleading regarded it with great strictness, and our present system adheres to it. Its utility is, that it gives the opposite party notice of what is claimed against him.
Accordingly, when a vendor is sued for making statements, in respect to the quality of the article sold by him, which are not according to the truth, if the vendee desires to charge him in tort he alleges that a false representation was made by him; but if he desires…
2Cited by5 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Meek v. BriggsSupreme Court of Iowa · 1893
- New England Foundation Co. v. Elliott & Watrous, Inc.Massachusetts Supreme Judicial Court · 1940
- Daddario v. City of PittsfieldMassachusetts Supreme Judicial Court · 1938
- Mead v. RaymondMichigan Supreme Court · 1883