Legal Opinion
Stearns v. Drake
Supreme Court of Rhode Island
Decided June 30, 1902PublishedCited by 2 opinions
Trespass on ti-ie Case in assumpsit. Heard on petition of defendant for new trial. Judgment for defendant.
1Opinion of the CourtDouglas, J.
The declaration in this case contains the common counts for money had and received, etc., and a special count alleging breach of warranty on the sale of a wagon.(1) The testimony of the plaintiff showed that the defendant built a certain wagon ordered by the plaintiff, and delivered it to him upon the execution by the plaintiff of the following: document:
“Providence, R. I. June 12th, 1900.
“Received of A. B. Drake the following described property, to wit:
“ One 3-spring wagon.
“And I the undersigned am to hold the above described' property solely as the property of said A. B. Drake, for the use…
2Cited by2 opinions
- Hopper v. SmithSupreme Court of New Jersey · 1904
- Stewart v. SmithSupreme Court of South Carolina · 1926