Aiken v. Hyde
Massachusetts Supreme Judicial Court
Contract to recover the price paid for a machine for generating gas. The declaration alleged the purchase of the machine by the plaintiff from the defendants, and “that it was understood and agreed between the plaintiff and the defendants at the time of the sale of said machine that, if the said machine should not upon a fair trial by the plaintiff prove to be suited for the purpose for which the plaintiff bought the said machine, and entirely satisfactory in all respects to…
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Contract to recover the price paid for a machine for generating gas. The declaration alleged the purchase of the machine by the plaintiff from the defendants, and “that it was understood and agreed between the plaintiff and the defendants at the time of the sale of said machine that, if the said machine should not upon a fair trial by the plaintiff prove to be suited for the purpose for which the plaintiff bought the said machine, and entirely satisfactory in all respects to the plaintiff, the plaintiff should have the right to return the said machine to the defendants, and the defendants…
1Opinion of the Court
By the Coubt.
In returning the machine, the plaintiff merely exercised a right which was expressly reserved to him by the terms of the contract, as the same is stated in the declaration.
Exceptions overruled.
2Cited by11 opinions
- Weinstein v. MillerMassachusetts Supreme Judicial Court · 1924
- Rooney v. WeeksMassachusetts Supreme Judicial Court · 1935
- Campbell Printing-Press Co. v. ThorpU.S. Circuit Court for the District of Eastern Michigan · 1888
- A. S. Cameron Steam Pump Works v. Lubbock Light & Ice Co.Court of Appeals of Texas · 1914
- Sanger v. SlaydenCourt of Appeals of Texas · 1894
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