Legal Opinion

Wilson v. Lawrence

Massachusetts Supreme Judicial Court

Decided May 13, 1885PublishedCited by 9 opinions

Contract for breach of warranty in the sale of a piano. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows ; At the time of the alleged contract the defendants were engaged in the manufacture of pianos, and the plaintiff was a dealer in pianos, both parties carrying on their business in Boston.

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Contract for breach of warranty in the sale of a piano. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows ; At the time of the alleged contract the defendants were engaged in the manufacture of pianos, and the plaintiff was a dealer in pianos, both parties carrying on their business in Boston. On January 6, 1883, the plaintiff ordered a piano of the defendants, who, at the time of taking the order, knew that he intended to offer the same for sale in his warerooms. There was evidence that, soon after the piano was delivered to him, the…

1Opinion of the CourtDevens, J.

The argument of the case at bar, and the rulings requested by the plaintiff at the trial in the court below, to the refusal to give which exception is taken, assume many facts to have been shown, and much evidence to have been given, which do not appear in the bill of exceptions. No ground of exception is afforded by the refusal to give instructions requested, unless it appears that they were required by the circumstances under which the case was presented to the jury, and were pertinent to the issue. Chandler v. Jamaica Pond Aqueduct, 125 Mass. 544.

The plaintiff was a dealer in pianos, and…

2Cases cited2 opinions

  1. Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
  2. Mansfield v. TriggMassachusetts Supreme Judicial Court · 1873

3Cited by9 opinions

  1. Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
  2. Inter-State Grocer Co. v. George William Bentley Co.Massachusetts Supreme Judicial Court · 1913
  3. Country Club Soda Co. v. ArbuckleMassachusetts Supreme Judicial Court · 1932
  4. Snelling v. DineMassachusetts Supreme Judicial Court · 1930
  5. Gregg v. Page Belting Co.Supreme Court of New Hampshire · 1897

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