Bradley v. Rea
Massachusetts Supreme Judicial Court
Contract on an account annexed for the price of fifteen pigs sold by weight to the defendants ; who answered, that the plaintiff specially warranted the pigs to be healthy, but that they were diseased and worthless, and also that the sale was made on the Lord’s day.
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Contract on an account annexed for the price of fifteen pigs sold by weight to the defendants ; who answered, that the plaintiff specially warranted the pigs to be healthy, but that they were diseased and worthless, and also that the sale was made on the Lord’s day. At the new trial in the superior court, before Wilkinson, J., after the decision reported 14 Allen, 20, the jury found for the plaintiff, and the judge allowed exceptions substantially as follows : “ The plaintiff offered evidence tending to prove that he sold fifteen pigs to the defendants. The defendants contended, and offered…
1Opinion of the CourtChapman, C. J.
Under the instructions given them, the jury must have found that on Monday the pigs were delivered by the plaintiff, and accepted by the defendants, with the purpose that they should be sold and paid for. This would constitute a sale; and, if nothing was said about the price, the law would imply a fair price. This is all that appears to have been done on Monday. Thus the plaintiff’s case would be established without proof of any illegal transaction.
For the purpose of relieving themselves from the implied obligation, the defendants offered to prove that, on the preceding Lord’s day, an express…
2Cited by10 opinions
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- Cranson v. GossMassachusetts Supreme Judicial Court · 1871
- Bauer v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1934
- Stewart v. ThayerMassachusetts Supreme Judicial Court · 1898
- Shepley v. Henry Siegel Co.Massachusetts Supreme Judicial Court · 1909
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