McGaughey v. Richardson
Massachusetts Supreme Judicial Court
Action to recover the price paid by the plaintiff for a horse sold to him by the defendant. The declaration was as follows: “First Count. And the plaintiff says the defendant owes him one hundred eighty-two and dollars for money received by the defendant to the plaintiff’s use. “ Second Count.
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Action to recover the price paid by the plaintiff for a horse sold to him by the defendant. The declaration was as follows: “First Count. And the plaintiff says the defendant owes him one hundred eighty-two and dollars for money received by the defendant to the plaintiff’s use. “ Second Count. And the plaintiff says that on or about the seventeenth day of April, A. D. 1886, he bought of the defendant a certain horse, and paid the defendant therefor the sum of one hundred eighty-two and dollars; that the defendant then warranted said horse to be sound and kind on delivery by a written…
1Opinion of the CourtField, J.
It appears that after the case was opened, and before any evidence was offered, the defendant asked the court to require the plaintiff to elect upon which of the three counts he would proceed; but the court declined to require the plaintiff to elect at that time. Subsequently, the court ruled that the plaintiff “ was limited in his right to recover to the written warranty set forth in his second count,- and the plaintiff thereupon acquiesced in that ruling.” Before this ruling was made, the plaintiff had put in evidence, against the objection of the defendant, an advertisement, which the…
2Cases cited1 opinion
- Spalding v. ConantMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- First National Bank v. McConnellSupreme Court of Minnesota · 1908
- Smith v. HuntIndiana Court of Appeals · 1912
- Bowen v. ZaccantiMissouri Court of Appeals · 1919
- California National Bank v. WeldonCalifornia Court of Appeal · 1910