Minton v. F. G. Smith Piano Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment for the defendant of the Supreme Court of the District of Columbia in an. action, in which the declaration contained two counts, one in tort and the other ex contractu,, the plaintiff electing not to amend after a demurrer to each count ivas sustained.
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Hearing on an appeal by the plaintiff from a judgment for the defendant of the Supreme Court of the District of Columbia in an. action, in which the declaration contained two counts, one in tort and the other ex contractu,, the plaintiff electing not to amend after a demurrer to each count ivas sustained. The Court in the opinion stated the facts as follows: On October 17th, 1909, the F. G. Smith Piano Company, a corporation engaged in business in the District, published in the Washington Daily Post the following advertisement of a prize scheme: Free — $675 Webster Player Piano. First Prize…
1Opinion of the CourtChief Justice Shepard
The appellant characterizes the first count as an action for damages for deceit, and the second as an action on an implied warranty, claiming that he is authorized to join the two counts in one declaration by the provisions of the Code, sec. 1532 [31 Stat. at L. 1418, chap. 854], See also Shippen v. Bowen, 122 U. S. 575-582, 30 L. ed. 1172-1174, 7 Sup. Ct. Rep. 1283.
The advertised offer of a reward or premium for the performance of a specified act is a proposition submitted to all persons who may accept and comply with its conditions. Until accepted it may be withdrawn; but when accepted, it…
2Cases cited1 opinion
- Shippen v. BowenSupreme Court of the United States · 1887
3Cited by8 opinions
- Frankel v. United StatesCourt of Appeals for the Federal Circuit · 2016
- North American Graphite Corp. v. AllanCourt of Appeals for the D.C. Circuit · 1950
- Republican National Committee v. TaylorCourt of Appeals for the D.C. Circuit · 2002
- McDevitt v. Waple & James, Inc.District of Columbia Court of Appeals · 1943
- National Symphony Orchestra Ass'n v. KonevskyDistrict of Columbia Court of Appeals · 1945
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