Dawe v. Morris
Massachusetts Supreme Judicial Court
Tort. The first count of the declaration was as follows: “ And the plaintiff says that the defendant, in order to induce the plaintiff to make a contract with the Florida Midland Railway Company for the building of about thirty miles of the Florida Midland Railway in Florida, falsely represented that he, said Morris, and one Page had purchased certain rails sufficient to build a certain number of miles of railroad, to wit, thirty miles, at a certain sum per ton, to wit, the…
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Tort. The first count of the declaration was as follows: “ And the plaintiff says that the defendant, in order to induce the plaintiff to make a contract with the Florida Midland Railway Company for the building of about thirty miles of the Florida Midland Railway in Florida, falsely represented that he, said Morris, and one Page had purchased certain rails sufficient to build a certain number of miles of railroad, to wit, thirty miles, at a certain sum per ton, to wit, the sum of eighteen dollars less freight to New York, and that, if said plaintiff would make a contract with said company…
1Opinion of the CourtDeven s, J.
The alleged misrepresentations of the defendant, by which the plaintiff avers that he was induced to enter into a contract for building thirty miles of the Florida Midland Railway, are that the defendant had purchased a certain quantity of rails at a certain price, and that he would sell those rails to the plaintiff at the same price if he would make such contract. The plaintiff’s declaration alleges that the defendant had not then purchased the rails, and did not sell, and did not intend to sell, any rails so purchased to the plaintiff; and that by reason of the contract into which the…
2Cases cited4 opinions
- Bradley v. FullerMassachusetts Supreme Judicial Court · 1875
- Hedden v. GriffinMassachusetts Supreme Judicial Court · 1884
- Knowlton v. KeenanMassachusetts Supreme Judicial Court · 1888
- Penn Mutual Life Insurance v. CraneMassachusetts Supreme Judicial Court · 1883
3Cited by63 opinions
- Schmidt v. Wildcat Cave, Inc.South Dakota Supreme Court · 1977
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
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