Picard v. McCormick
Michigan Supreme Court
Error to Washtenaw Circuit, where McCormick recovered judgment against Picard for false representations of the value of watches and other jewelry for which plaintiff had bargained with defendant at four hundred dollars, and paid in a horse at $160, and the balance in notes. The declaration and the objections nátde to a recovery under-it are sufficiently stated in the opinion.
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Error to Washtenaw Circuit, where McCormick recovered judgment against Picard for false representations of the value of watches and other jewelry for which plaintiff had bargained with defendant at four hundred dollars, and paid in a horse at $160, and the balance in notes. The declaration and the objections nátde to a recovery under-it are sufficiently stated in the opinion. After the evidence was in, the Circuit Judge charged the jury as follows: “It is a rule of law that a mere assertion' of value made by the seller, when no warranty is intended, is no ground of relief to a purchaser,…
1Opinion of the Court
Campbell J.:
McCormick sued Picard to recover damages on account of false representations whereby the former was induced to purchase of the latter watches and other jewelry to a large amount.
The declaration contains several different counts, and, inasmuch as it is claimed that all or some of them are fatally defective, it becomes necessary to refer to them.
The first count avers the ignorance of plaintiff concerning the value and quality of the articles sold, the defendant’s knowledge of such ignorance, he himself being a skillful dealer in such goods, the application by defendant to McCormick…
2Cited by45 opinions
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- Kost v. BenderMichigan Supreme Court · 1872
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Appalachian Railcar Services, Inc. v. Boatright Enterprises, Inc.District Court, W.D. Michigan · 2008
- Schneider v. SchneiderSupreme Court of Iowa · 1904
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