Hunt v. Wyman
Massachusetts Supreme Judicial Court
Contract on an account annexed for $250 as the price of a horse. Writ dated September 5, 1867. Answer, a general denial.
Read the full summary
Contract on an account annexed for $250 as the price of a horse. Writ dated September 5, 1867. Answer, a general denial. At the trial in the superior court, before Morton, J., the plaintiff testified that he had the horse for sale, and on the evening of August 12,1867, the defendant looked at it and inquired the price, and was told $250; that the defendant said nothing further about price, but asked the character of the horse, and was told that the horse was six years old, sound, kind, and afraid of nothing but goats; that the defendant wished to take the horse to try it, and at this the…
1Opinion of the CourtWells, J.
Upon the facts stated in this case, there was a bailment and not a sale of the horse. The only contract, aside from the obligations implied by law, must be derived from the statement of the defendant, that, if the plaintiff “ would let him take the horse and try it, if he did not like it he would return it in as good condition as he got it.” This contract, it is true, is *200silent as to what was to take place if he should like it, or if ha should not return it. It may perhaps be fairly inferred that the intent was that if he did like the horse he was to become the purchaser at the price named.…
2Cited by53 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Van Allen v. FrancisCalifornia Supreme Court · 1899
- John Deere Plow Co. v. McDavidCourt of Appeals for the Eighth Circuit · 1905
- Brooks v. DavisMassachusetts Supreme Judicial Court · 1936
- Foley v. FelrathSupreme Court of Alabama · 1893
48 more not listed; retrieve them via the Exa API.