Packard v. Pratt
Massachusetts Supreme Judicial Court
Tort for deceit against Thomas H. Pratt and W. A. Weaver. The declaration alleged in substance that on or about December 27, 1872, at Boston, the defendant Pratt being engaged in business styled by himself the “ Commercial and Business Exchange,” and having offered to sell out one half of the stock, fixtures and good will of his said business to the plaintiff, the defendants did with intent to deceive and defraud the plaintiff, falsely and fraud ulently represent to him that…
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Tort for deceit against Thomas H. Pratt and W. A. Weaver. The declaration alleged in substance that on or about December 27, 1872, at Boston, the defendant Pratt being engaged in business styled by himself the “ Commercial and Business Exchange,” and having offered to sell out one half of the stock, fixtures and good will of his said business to the plaintiff, the defendants did with intent to deceive and defraud the plaintiff, falsely and fraud ulently represent to him that the said business as theretofore conducted by the defendant Pratt was a splendid chance for any one that wanted a first…
1Opinion of the CourtEndicott, J.
We think there was evidence of fraud, offered by the plaintiff, sufficient to sustain an action on a proper declaration. The precise variance between the declaration and the proof, which led the learned judge to order a verdict for the defendants, does not appear by the report. But it does appear in terms, that he suggested to the plaintiff’s counsel that the variance might be obviated by an amendment. In the argument submitted by the defendants’ counsel, the only variance relied on, which an amendment could cure, was, that the declaration alleged a sale or purchase of Pratt’s interest in the…
2Cited by5 opinions
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1887
- Sandler v. ElliottMassachusetts Supreme Judicial Court · 1957
- Mackenzie Oil Co. v. Omar Oil & Gas Co.Superior Court of Delaware · 1929
- Zager v. SetzerSupreme Court of North Carolina · 1955
- Tucker v. BadoianMassachusetts Appeals Court · 1977