Baker v. Carpenter

• Decision Date: 29 July 1879
• Citation: 127 Mass. 226
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: William T. Baker & others v. H. S. Carpenter & another

127 Mass. 226

William T. Baker & others v. H. S. Carpenter & another

Supreme Court of Massachusetts

July 29, 1879

Argued March 5, 1878

Suffolk. Contract for failure of the defendants to deliver corn and oats of the quality sold by them to the plaintiffs. The declaration alleged that the defendants falsely represented the oats and corn to be good merchantable oats and corn of a certain quality; that the plaintiffs, relying upon said representations, purchased the oats and corn and paid for the same; and that the oats and corn delivered by the defendants were not of the quality represented, but were "of an inferior, poor and worthless quality, whereby the plaintiffs suffered great loss and damage." The answer denied these allegations, and alleged that the defendants agreed to sell the plaintiffs oats and corn of a certain quality, subject to the inspection of one Morgan; and that they were inspected by Morgan and duly certified by him to be of that quality.

In the Superior Court, before the case was opened to the jury, the defendants filed the following interrogatories to the plaintiffs: "1. Have you, or either of you, in your possession or control, the certificates of inspection made by J. Morgan, either in his own name or in the name of any other person, of the corn and oats described in your declaration? If so, annex them to your answer, and state when, where and from whom you received them. 2. If you have not all of them state whether you have ever had them, and when, where, from whom and in what way you received them, when you last had them, what you did with them, where they now are and who has them." The plaintiffs declined to answer the interrogatories, and the defendants moved that they be ordered to do so. Wilkinson, J., overruled the motion; and the defendants alleged exceptions.

The action was afterwards tried before Colburn, J., and at the trial the plaintiffs produced and put in evidence three several certificates of inspection of the corn in controversy, signed "A. D. Palmer, per J. Morgan;" and testified that they received them by mail, a few days after their respective dates, from Morgan; that the same had been in their custody ever since they were received; that the certificates related to the corn and grain mentioned in the declaration and answer; and that they had received no other certificates relating to the same, at any time, and had none in their possession.

The judge directed the jury to return by special verdict whether or not the grain, which was the subject of controversy in this action, was sold by the defendants to the plaintiffs subject to the inspection of Morgan; and the jury returned a verdict that it was not, and found for the plaintiffs.

Exceptions sustained and new trial ordered.

R. Stone, Jr., for the defendants.

E. D. Sohier & A. Churchill, for the plaintiffs.

Gray C. J. Colt & Soule, JJ., absent.

OPINION

Gray C. J.

The declaration alleged that the defendants...