Wednesday, December 4, 2013

Wood v. Boynton case brief

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.

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 sale.

The court affirmed the judgment.

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