Litchfield v. Hutchinson
Massachusetts Supreme Judicial Court
Tort for deceit in the sale of a horse. The declaration alleged that the defendant sold the plaintiff a horse, for which the plaintiff paid the defendant $325; that, to induce the plaintiff to buy said horse, the defendant falsely represented to the plaintiff that said horse was all right and sound every way; that the plaintiff, believing that said representation was true was thereby induced to buy, and did buy, said horse; but in truth said horse was not all right and sound…
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Tort for deceit in the sale of a horse. The declaration alleged that the defendant sold the plaintiff a horse, for which the plaintiff paid the defendant $325; that, to induce the plaintiff to buy said horse, the defendant falsely represented to the plaintiff that said horse was all right and sound every way; that the plaintiff, believing that said representation was true was thereby induced to buy, and did buy, said horse; but in truth said horse was not all right and sound every way, but was lame and sore forward, and was foundered, and was lame in the fore legs and shoulders, and was…
1Opinion of the CourtMorton, J.
This is an. action of tort, in which the plaintiff alleges that he was induced to buy a horse of the defendant by representations made by him that the horse was sound, and that the horse was, in fact, unsound and lame, all of which the defendant well knew.
To sustain such an action it is necessary for the plaintiff to prove that the defendant made false representations, which were material, with a view to induce the plaintiff to purchase, and that the plaintiff was thereby induced to purchase. But it is .not always necessary to prove that the defendant knew that the facts stated by him were…
2Cases cited4 opinions
- Fisher v. MellenMassachusetts Supreme Judicial Court · 1870
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Mershon v. CommonwealthCourt of Appeals of Kentucky · 1859
- Milliken v. ThorndikeMassachusetts Supreme Judicial Court · 1869
3Cited by64 opinions
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Powell v. RasmussenMassachusetts Supreme Judicial Court · 1969
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
- Wheeler v. BaarsSupreme Court of Florida · 1894
- Feldman v. WitmarkMassachusetts Supreme Judicial Court · 1926
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