Wood v. Boynton case brief summary
25 N.W. 42 (1885)
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.
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
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