French v. Vining
Massachusetts Supreme Judicial Court
Tort for causing the death of the plaintiff’s cow. The declaration alleged that “ the defendant sold to the plaintiff a quantity of hay to be fed to her cow, as hay fit for such use; and said hay was not wholesome or fit for use, but was unwholesome and poisonous, and was covered and saturated with paint, a poisonous substance; all which the defendant well knew, and had good reason to know; and the plaintiff, believing said hay to be wholesome and fit for use, fed the same…
Read the full summary
Tort for causing the death of the plaintiff’s cow. The declaration alleged that “ the defendant sold to the plaintiff a quantity of hay to be fed to her cow, as hay fit for such use; and said hay was not wholesome or fit for use, but was unwholesome and poisonous, and was covered and saturated with paint, a poisonous substance; all which the defendant well knew, and had good reason to know; and the plaintiff, believing said hay to be wholesome and fit for use, fed the same to her said cow, and said cow was thereby poisoned, and sickened and died; whereby, and by reason of the false and…
1Opinion of the CourtAmes, J.
The only warranty implied by law in the sale of personal property is simply that the vendor has good right to make the sale; and if the buyer desires to have the benefit of any further assurance, as to the property sold, he must protect himself by insisting upon such specific warranties as he may consider necessary for that purpose. The law does not undertake to make contracts for the parties, but usually leaves them, if the buyer should choose to act upon his own judgment, to the operation of the maxim caveat emplor. It is sometimes rather loosely said that mere silence, on the part of the…
2Cases cited1 opinion
- Van Bracklin v. FondaNew York Supreme Court · 1815
3Cited by44 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Dushane v. BenedictSupreme Court of the United States · 1887
- Doyle v. Fuerst & Kraemer, Ltd.Supreme Court of Louisiana · 1911
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Bowe v. HunkingMassachusetts Supreme Judicial Court · 1883
39 more not listed; retrieve them via the Exa API.