Baker v. Jewell
Massachusetts Supreme Judicial Court
This was an action of the case, in which the plaintiff declares that the defendant, being the owner of a certain saw-mill and dam, to induce the plaintiff to purchase one eighth part thereof, falsely and fraudulently affirmed and promised to the plaintiff that the said mill and dam, were well and substantially built; that the plaintiff thereupon purchased the eighth part; and that, in fact, the said mill and dam were not well and sufficiently built, but as soon *as a head of…
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This was an action of the case, in which the plaintiff declares that the defendant, being the owner of a certain saw-mill and dam, to induce the plaintiff to purchase one eighth part thereof, falsely and fraudulently affirmed and promised to the plaintiff that the said mill and dam, were well and substantially built; that the plaintiff thereupon purchased the eighth part; and that, in fact, the said mill and dam were not well and sufficiently built, but as soon *as a head of water was raised against the dam, [ * 461 ] it gave way, and was carried off by the force of the water, whereby the…
1Opinion of the CourtParsons, C. J.
The question before the Court, in this case, is upon the sufficiency of the plaintiff’s replication to the defendant’s plea in abatement.
Whether this action arises from a contract or from a tort, we *378consider the law to be well settled, that if one man is legally answerable, in a personal action, to two or more persons jointly, if he will settle and adjust the controversy with either of them, so that he has no longer an interest in the dispute, this is a severance of the cause of action, as to any or all of the parties. Upon this principle, when the defendant permitted Brown Baker to proceed…
2Cases cited1 opinion
- Austin v. WalshMassachusetts Supreme Judicial Court · 1807
3Cited by32 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Louisville, New Albany & Chicago Railway Co. v. HartIndiana Supreme Court · 1889
- Sandler v. ElliottMassachusetts Supreme Judicial Court · 1957
- Strange v. FloydSupreme Court of Virginia · 1852
- Poole v. GriffithSupreme Court of Alabama · 1927
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