Roughan v. Boston & Lockport Block Co.
Massachusetts Supreme Judicial Court
Contract, for an alleged breach of warranty in the sale of a certain block manufactured for and sold to the plaintiff by the defendant. Trial in the Superior Court, before Richardson, J., who directed the jury to return a verdict for the plaintiff in the sum of $15.25; and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The defendant now concedes that judgment should be entered on the verdict, which was the amount agreed by the parties to be the diminished value of the block by reason of the breaking; but the plaintiff contends that he should also recover the sum which he has paid to his servant as compensation for his injury occasioned by the breaking of the block, and *25this is the only question for decision. That sum was paid without suit, and without communication with the defendant, and the plaintiff cannot recover it in this action, whatever warranty there may have been upon the sale to him of the block,…
2Cases cited4 opinions
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Ladd v. New Bedford RailroadMassachusetts Supreme Judicial Court · 1876
- Spicer v. South Boston Iron Co.Massachusetts Supreme Judicial Court · 1885
3Cited by13 opinions
- Feeney v. York Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- Saxe v. Walworth Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
- Westinghouse Electric & Mfg. Co. v. HeimlichCourt of Appeals for the Sixth Circuit · 1904
- Garant v. CashmanMassachusetts Supreme Judicial Court · 1903
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