Lake v. Clark
Massachusetts Supreme Judicial Court
Contract on an alleged breach of warranty in the sale of a lot of onions. The case was tried in the superior court before Lord, J., who allowed a bill of exceptions substantially as follows: “ There was evidence tending to show that on November 7, 1865, the defendant sold to the plaintiffs a car load of onions to be forwarded to Worcester within the next fortnight, and made certain representations which the plaintiffs contended amounted to a warranty that the onions were…
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Contract on an alleged breach of warranty in the sale of a lot of onions. The case was tried in the superior court before Lord, J., who allowed a bill of exceptions substantially as follows: “ There was evidence tending to show that on November 7, 1865, the defendant sold to the plaintiffs a car load of onions to be forwarded to Worcester within the next fortnight, and made certain representations which the plaintiffs contended amounted to a warranty that the onions were well cured, fit for storing and merchantable; that on November 13 or 14 the defendant forwarded them by railroad from…
1Opinion of the CourtChapman, J.
The question between the parties related to the particular property which was sold by the defendant to the plaintiffs, and not to that which was sold to other parties. The plaintiffs offered to show that the onions sent to other parties by the defendant were not ripe or properly cured, and were bad and worthless. But the judge held that in order to make this evidence admissible, it was necessary that it should appear that the other onions had been subject to the same conditions as those sold to the plaintiffs, and he found that there was no evidence of the fact. On that ground he rejected the…
2Cited by6 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Brown v. LeachMassachusetts Supreme Judicial Court · 1871
- McGaffigan v. KennedyMassachusetts Supreme Judicial Court · 1938
- Nunes v. PerryMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. RussellMassachusetts Supreme Judicial Court · 1893
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