Wood v. Boynton case brief summary
25 N.W. 42 (1885)
CASE FACTS
The seller sold a stone to the buyers, partners in a jewelry business, for one dollar. Neither the seller nor the buyers knew what the stone was or what its value was. The seller later determined that the stone was a diamond worth about $ 700 and tendered to the buyers one dollar plus interest, but they refused to return the diamond. The seller filed an action to recover possession of the diamond.
DISCUSSION
CONCLUSION
The court affirmed the judgment.
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25 N.W. 42 (1885)
CASE SYNOPSIS
Plaintiff seller appealed from a
judgment of the Circuit Court for Milwaukee County (Wisconsin), which
directed a verdict for defendant buyers in the seller's action to
recover the possession of an uncut diamond.CASE FACTS
The seller sold a stone to the buyers, partners in a jewelry business, for one dollar. Neither the seller nor the buyers knew what the stone was or what its value was. The seller later determined that the stone was a diamond worth about $ 700 and tendered to the buyers one dollar plus interest, but they refused to return the diamond. The seller filed an action to recover possession of the diamond.
DISCUSSION
- The court affirmed the trial court's entry of a directed verdict for the buyers, holding that the only reasons for rescinding a sale was fraud or mistake in that the article delivered was not the article sold.
- The court determined that the seller failed to make out a case for either reason for rescinding the sale.
CONCLUSION
The court affirmed the judgment.
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