Carpenter v. Sugden
Massachusetts Supreme Judicial Court
Contract.for breach of an alleged oral warranty of the cost of certain personal property sold by the defendant to the plaintiff by a bill of sale in writing and under seal. Writ dated February 14, 1917. The action was referred to an auditor and afterwards was tried before McLaughlin, J. The material evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be ordered for him.
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Contract.for breach of an alleged oral warranty of the cost of certain personal property sold by the defendant to the plaintiff by a bill of sale in writing and under seal. Writ dated February 14, 1917. The action was referred to an auditor and afterwards was tried before McLaughlin, J. The material evidence is described in the opinion. At the close of the evidence the defendant moved that a verdict be ordered for him. The judge ruleff that in view of a receipt and a memorandum and of the covenant of warranty contained in the bill of sale, described in the opinion, the plaintiff, as a matter…
1Opinion of the CourtCarroll, J.
The plaintiff purchased from the defendant the good will of a garage and its equipment. The bill of sale was in writing under seal and contained this covenant: “And I hereby covenant with the grantee that I am the lawful owner of the said goods, and chattels; that they are free from all incumbrances, that I have good right to sell the same as aforesaid; and that I will warrant and defend the same against the lawful claims and demands of all persons.” The plaintiff relied on an oral warranty that the articles constituting the equipment of the garage cost the defendant the amount set forth in…
2Cases cited7 opinions
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Keller v. WebbMassachusetts Supreme Judicial Court · 1878
- Goldenberg v. TaglinoMassachusetts Supreme Judicial Court · 1914
- Rochester Tumbler Works v. Mitchell Woodbury Co.Massachusetts Supreme Judicial Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Eastern Advertising Co. v. E. L. Patch Co.Massachusetts Supreme Judicial Court · 1920
- Bennett v. ThomsonMassachusetts Supreme Judicial Court · 1920