Hallwood Cash Register Co. v. Rollins
Supreme Court of New Hampshire
Assumpsit, for the price of a cash register. Trial by jury and verdict for the plaintiffs. Transferred from the February term, 1905, of the superior court by Peaslee, J. ' The plaintiffs introduced evidence of a written contract of sale, and rested. The defendant introduced evidence tending to show that he had certain talks with the plaintiffs’ agent in regard to the machine before he opened his place of business, as bearing upon the question of fraud and rescission.
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Assumpsit, for the price of a cash register. Trial by jury and verdict for the plaintiffs. Transferred from the February term, 1905, of the superior court by Peaslee, J. ' The plaintiffs introduced evidence of a written contract of sale, and rested. The defendant introduced evidence tending to show that he had certain talks with the plaintiffs’ agent in regard to the machine before he opened his place of business, as bearing upon the question of fraud and rescission. In rebuttal, the agent testified that the talks were after the saloon was opened, that there was money in the' register, and…
1Opinion of the CourtWalker, J.
It appears that at the trial it was material to determine whether the defendant had begun doing business in his saloon when the plaintiff’s agent called on him, and whether he was then using the cash register. Evidence of the existence of these facts had some tendency to show that the defendant was satisfied with his purchase .of the register and had not been defrauded by the plaintiff, as he claimed, and it was received in answer to the defendant’s evidence upon the issue of fraud. Jt did not constitute a new substantive position on the part of the plaintiff, but merely tended to deny the…
2Cases cited2 opinions
- Gerrish v. WhitfieldSupreme Court of New Hampshire · 1903
- King v. BatesSupreme Court of New Hampshire · 1876
3Cited by1 opinion
- Donato v. BoutinSupreme Court of New Hampshire · 1974