Everett v. Gray

Decided October 15, 1804

Massachusetts Supreme Judicial Court · decided 1804-10-15

This was an action of assumpsit. The declaration contained five counts. * 1. Indebitatus assumpsit on an account annexed to [ * 102 ] the writ for making 98 gun-locks, which were charged at 147 dollars. 2. Quantum valebant for 98 gun-locks delivered by the plaintiff to the defendants. 3. Quantum valebant for 98 gun-locks made and delivered. 4. Indebitatus assumpsit for money had and received.

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Decided 1804-10-15

How this case has been cited

Cited by 11 later decisions (1 by the Supreme Court) — most recently April 2014

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The whole Court (Strong, Sedgwick, Sewall, and Thacher, justices) ruled, that as the defendants had accepted the locks without objecting to.them at the time of delivery, it was not competent to them to go into this defence in this action ; but their remedy would be by a special action of the case against the plaintiff for the deceit and fraud in the workmanship. The defendants were defaulted, and damages assessed for the whole sum demanded in the count upon the special agreement, (a)

¶2s) [Such defence is good in case of a sale with warranty. Cormack vs. Gilles, 7 East, 480.—King vs. Bosson, ib. 481.—Germaine vs. Burton, 3 Starkie's Rep. 32.—Baston vs. Butter, 7 East, 480.—Street vs. Blag, 2 B. & A. 456.—Dodge & Al. vs. Tileston Al., 12 Pick. 358.—Ed.]