Jewett v. Carter
Massachusetts Supreme Judicial Court
Contract for the price of a book called “ History of Essex County.” The answer set up that the defendant’s agreement to accept and pay for the book was obtained by certain false representations.
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Contract for the price of a book called “ History of Essex County.” The answer set up that the defendant’s agreement to accept and pay for the book was obtained by certain false representations. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions, in substance as follows: Before the publication of the history, and in contemplation thereof, the plaintiffs employed one Ryanson as their agent to obtain subscriptions for the work. -This agent of the plaintiffs called on the defendant and exhibited to him. an agreement and statement of the plaintiffs prefixed to it,…
1Opinion of the CourtW. Allen, J.
The evidence objected to was admitted to show false representations. We do not understand that it was admitted or used to affect the meaning of the contract, but to show by what representations, as to what their “ History of Essex County ” was to be, the defendant was induced to sign the contract. It was clearly admissible for this purpose, and we have no occasion to consider whether it would have been competent upon ' the question whether the book, conformed to the contract.
The jury must have found, under instructions not excepted to, that the defendant was induced to sign the contract by…
2Cases cited3 opinions
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Milliken v. ThorndikeMassachusetts Supreme Judicial Court · 1869
- Huston v. Peters, Hardin & Co.Court of Appeals of Kentucky · 1859
3Cited by10 opinions
- Isenbeck v. BurroughsMassachusetts Supreme Judicial Court · 1914
- Barnes v. Union Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
- Barnes v. Century Savings BankSupreme Court of Iowa · 1913
- Merrimack College v. KPMG LLPMassachusetts Supreme Judicial Court · 2018
- McArthur v. Home Life Ass'nSupreme Court of Iowa · 1887
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