Atherton v. Atkins
Massachusetts Supreme Judicial Court
Contract. Trial in the Superior Court, before Roehwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered testimony tending to show that, on November 10, 1882, he delivered to the defendants two horses worth $300, and his note for $500, and that they, in consideration thereof, agreed to deliver to him a pair of horses, sound, kind, well mated, worth $800, and in every way satisfactory to him; and that this pair were not sound, kind, and…
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Contract. Trial in the Superior Court, before Roehwell, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered testimony tending to show that, on November 10, 1882, he delivered to the defendants two horses worth $300, and his note for $500, and that they, in consideration thereof, agreed to deliver to him a pair of horses, sound, kind, well mated, worth $800, and in every way satisfactory to him; and that this pair were not sound, kind, and well mated, were not worth $800, and were not satisfactory to him. It was not in dispute that, before the note was given,…
1Opinion of the CourtC. Allen, J.
The testimony as to what Flynn said was of itself immaterial and incompetent. But the argument for its, admission is now put on the ground that it would account for the defendants’ subsequent conduct in showing horses to the *63plaintiff. The difficulty in our entertaining this view is, that it does not appear by the bill of exceptions that the evidence was offered for that purpose at the trial, or that the defendants’ subsequent conduct had already been shown as a fact in the case, at the time when the evidence of what Flynn said was excluded. Where evidence has been excluded which was…
2Cases cited1 opinion
- Jones v. SmithMassachusetts Supreme Judicial Court · 1876
3Cited by2 opinions
- Hathaway v. TinkhamMassachusetts Supreme Judicial Court · 1888
- Klein v. FoxMassachusetts Supreme Judicial Court · 1953