Atwater v. Clancy
Massachusetts Supreme Judicial Court
Contbact, alleging that the defendants sold the plaintiff nine cases of tobacco for $620.26, and to induce him to buy them warranted the tobacco in eight of the cases to be of a grade known as “ wrappers,” and of the quality throughout that was indicated by samples which they showed him, but that the tobacco was of an inferior quality, and part of it not wrappers but of an inferior grade known as “ fillers ” and of little value.
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Contbact, alleging that the defendants sold the plaintiff nine cases of tobacco for $620.26, and to induce him to buy them warranted the tobacco in eight of the cases to be of a grade known as “ wrappers,” and of the quality throughout that was indicated by samples which they showed him, but that the tobacco was of an inferior quality, and part of it not wrappers but of an inferior grade known as “ fillers ” and of little value. A count in tort was added, for the same cause of action, alleging that the defendants induced the plaintiff to buy the nine cases of tobacco for $620.26 by false…
1Opinion of the Court
Chapman, C. J. 1.
The declaration contains a count in tort and a count in contract, alleging that both are for the same cause of action; and the defendants, after the plaintiff had rested his case, asked the court to require the plaintiff to elect which of the two counts he would rest his case upon. The court refused to do this, but allowed the plaintiff to go to the jury bn both counts. This ruling is excepted to. But the request was addressed to the discretion of the court, and the ruling was not subject to exceptions, Carlton v. Pierce, 1 Allen, 26. Sullivan v. Fitzgerald, 12 Allen, 482.…
2Cases cited3 opinions
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
- Crafts v. BeldenMassachusetts Supreme Judicial Court · 1868
- Frost v. BlanchardMassachusetts Supreme Judicial Court · 1867
3Cited by13 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Edgar v. Joseph Breck & Sons Corp.Massachusetts Supreme Judicial Court · 1899
- Cohen v. JackoboiceMichigan Supreme Court · 1894
- Gascoigne v. Cary Brick Co.Massachusetts Supreme Judicial Court · 1914
- Moran v. LevinMassachusetts Supreme Judicial Court · 1945
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