Warren v. Cole
Michigan Supreme Court
Error to Lenawee Circuit. This was an action to recover damages for an alleged deceit practiced by plaintiff in error upon defendant in error, in the sale of two patent rights for the making of soap. Judgment was rendered for the plaintiff below. The facts are sufficiently stated in the opinion.
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Error to Lenawee Circuit. This was an action to recover damages for an alleged deceit practiced by plaintiff in error upon defendant in error, in the sale of two patent rights for the making of soap. Judgment was rendered for the plaintiff below. The facts are sufficiently stated in the opinion. The following are the assignments of error, covered by the opinion: 1. That the court erred in charging and instructing the jury that if the fraud was proved on the part of the defendant to be a gross one or aggravated, they will be justified in imposing exemplary or punitive damages. 2. That the…
1Opinion of the Court
Campbell J.
Suit was brought in the court below by the defendants in error, to recover damages for deceit alleged to have been practised upon them in the sale of a local interest under a patent right. They claimed that they were led to purchase by the representation that the patent issued by the United States to Warren covered two different kinds of soap, when in fact it only embraced one. It seems that Warren filed a claim and specifications for the two sorts, but, under the law, only one could be included in a single patent, and therefore one was left out. After the sale to Cole and Arnold…
2Cited by38 opinions
- Gilbert v. KennedyMichigan Supreme Court · 1871
- Veselenak v. SmithMichigan Supreme Court · 1982
- Hamilton v. SmithMichigan Supreme Court · 1878
- Burruss v. HinesSupreme Court of Virginia · 1897
- Grabenheimer v. BlumTexas Supreme Court · 1885
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