Hight v. Bacon
Massachusetts Supreme Judicial Court
‘ Contract on an account annexed for leather sold and delivered. The answer contained a general denial, and alleged an agreement on the part of the plaintiffs that the leather was good, and suitable to be made into boots and shoes, and averred that it was not suitable for that purpose, but was worthless.
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‘ Contract on an account annexed for leather sold and delivered. The answer contained a general denial, and alleged an agreement on the part of the plaintiffs that the leather was good, and suitable to be made into boots and shoes, and averred that it was not suitable for that purpose, but was worthless. At the trial in the Superior Court, before Bacon, J., without a jury, it appeared in evidence that the plaintiffs were dealers in leather in Boston, and that the defendants were manufacturers of boots and shoes in Milford; that the leather was sold at the store of the plaintiffs; that the…
1Opinion of the CourtColt, J.
The judge before whom this case was tried found as a fact that there was no express warranty by the plaintiffs of the quality of the leather sold to the defendants; and ruled, as matter of law, that, on the evidence stated in the bill of exceptions, there could be no implied warranty binding upon the plaintiffs.
There was nothing at the time of the sale said by either party of the purpose for which the leather was bought; and the evidence that the defendants were manufacturers of boots and shoes, and at the time of the sale asked the plaintiffs if the leather would crimp, is not sufficient to…
2Cases cited4 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Dounce v. . DowNew York Court of Appeals · 1876
- French v. ViningMassachusetts Supreme Judicial Court · 1869
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
3Cited by25 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
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