Morley v. Consolidated Manufacturing Co.
Massachusetts Supreme Judicial Court
Contract, with counts in tort which were not relied on at the trial. Writ in the Superior Court for the county of Worcester dated November 2,1904. At the trial, which was before Pierce, J., the plaintiff relied on the third count only of his declaration, which alleged that the plaintiff purchased of the defendant “ an automobile Yale touring car ” and that the defendant warranted the car to be well and thoroughly made and, suitable in construction for the ordinary use…
Read the full summary
Contract, with counts in tort which were not relied on at the trial. Writ in the Superior Court for the county of Worcester dated November 2,1904. At the trial, which was before Pierce, J., the plaintiff relied on the third count only of his declaration, which alleged that the plaintiff purchased of the defendant “ an automobile Yale touring car ” and that the defendant warranted the car to be well and thoroughly made and, suitable in construction for the ordinary use intended to be made of it. The breach alleged was that the car was “ defectively and imperfectly constructed in that it…
1Opinion of the CourtHammond, J.
There was no express warranty. All that Read said as to the value and nature of the machine was mere seller’s talk.
We are also of opinion that there was no implied warranty as to the length of time this crank shaft would stand the strain of use. The subject of sale was an automobile. Even if it be assumed that the plaintiff had the right to think the sale was made by the manufacturer, still the machine was not made especially for the plaintiff, but on the contrary was one which had been considerably used, and it was bought by him at what he knew was a sum below the usual price for a new…
2Cases cited1 opinion
- Wilson v. LawrenceMassachusetts Supreme Judicial Court · 1885
3Cited by12 opinions
- Bruns v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1940
- Marmet Coal Co. v. People's Coal Co.Court of Appeals for the Sixth Circuit · 1915
- Keenan v. Cherry WebbSupreme Court of Rhode Island · 1925
- Rosenbush v. LearnedMassachusetts Supreme Judicial Court · 1922
- Smith v. BolsterWashington Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.