Legal Opinion

Kimball v. Bangs

Massachusetts Supreme Judicial Court

Decided March 25, 1887PublishedCited by 20 opinions

Tort, in two counts. The first count was as follows : “ And the plaintiff says, that, on or about April 1, 1884, the defendant represented to the plaintiff, that he was the treasurer and agent of the National Heat and Light Company ; that said company owned an invention or apparatus, used as an attachment to stoves, whereby petroleum or its products were used for fuel in stoves; that said apparatus or invention was of great value; that experiments had been made therewith,…

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Tort, in two counts. The first count was as follows : “ And the plaintiff says, that, on or about April 1, 1884, the defendant represented to the plaintiff, that he was the treasurer and agent of the National Heat and Light Company ; that said company owned an invention or apparatus, used as an attachment to stoves, whereby petroleum or its products were used for fuel in stoves; that said apparatus or invention was of great value; that experiments had been made therewith, which had proved successful; that in the use of said apparatus there was no dirt, smell, or smoke, or filling the pipes,…

1Opinion of the CourtMortoh, C. J.

We are of opinion that all the representations alleged in the declaration, which are material, fall within what is known as “ dealer’s talk,” and are not sufficient foundation for an action of deceit. The law recognizes the- fact that men will naturally overstate the value and qualities of the articles which they have to sell. All men know this, and a buyer has no right to rely upon such statements.

The representations that the apparatus or invention was of great value, that in its use there was no dirt, smell, or smoke, that it burned a long time and could be run for a small expense, are all…

2Cases cited1 opinion

  1. Parker v. MoultonMassachusetts Supreme Judicial Court · 1873

3Cited by20 opinions

  1. Vulcan Metals Co. v. Simmons Mfg. Co.Court of Appeals for the Second Circuit · 1918
  2. J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
  3. Kimber v. YoungCourt of Appeals for the Eighth Circuit · 1905
  4. Kabatchnick v. Hanover-Elm Building Corp.Massachusetts Supreme Judicial Court · 1952
  5. Boston Consolidated Gas Co. v. FolsomMassachusetts Supreme Judicial Court · 1921

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