Allen v. Truesdell
Massachusetts Supreme Judicial Court
Tobt for deceit in the sale of a horse. Answer, a general denial. Trial in the Superior Court, before Rockwell, J., who reported the case for the determination of this court, in substance as follows: The plaintiff offered to show that the defendant, in August 1880, sold and delivered to her a horse for her own personal use, which he represented and warranted was perfectly safe for a woman to drive on any occasion, and was not afraid of the cars; that the plaintiff was…
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Tobt for deceit in the sale of a horse. Answer, a general denial. Trial in the Superior Court, before Rockwell, J., who reported the case for the determination of this court, in substance as follows: The plaintiff offered to show that the defendant, in August 1880, sold and delivered to her a horse for her own personal use, which he represented and warranted was perfectly safe for a woman to drive on any occasion, and was not afraid of the cars; that the plaintiff was induced by these representations and warranty to buy the horse; that the representations were false, and were known to the…
1Opinion of the CourtW. Allen, J.
This action is brought to recover damages, not because a horse was not in value as was warranted or represented, but for personal injuries sustained from an unsafe horse, which the plaintiff was induced to use, in the belief that it was safe, by the false and fraudulent representations of the defendant. The offer by the plaintiff was not only to prove a representation that the horse was safe, but that it was “ not afraid of the cars.” These words are not necessarily to be construed as a warranty or representation of what the conduct of the horse would be in the future, rather than the…
2Cases cited1 opinion
- Sharon v. MosherNew York Supreme Court · 1854
3Cited by10 opinions
- Kilroy v. BarronMassachusetts Supreme Judicial Court · 1950
- Dwyer v. RedmondSupreme Court of Connecticut · 1924
- Peak v. FrostMassachusetts Supreme Judicial Court · 1894
- Chilson v. HoustonNorth Dakota Supreme Court · 1900
- Hodges v. SmithSupreme Court of North Carolina · 1912
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