Ferrari v. Murray

Decided November 26, 1890

Massachusetts Supreme Judicial Court · decided 1890-11-26

Contract to recover a balance alleged to be due on an agreement in writing for the construction of a granite monument. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions in substance as follows. The plaintiffs, who composed a firm of granite-cutters, agreed in writing to construct the monument in question for the defendant ; and a warranty was embodied in the agreement, that the work should be free from all imperfections.

Cited by 1 later decisions — most recently April 1920

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-26

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W. Allen, J.

¶1The defence was a breach of warranty that the monument should be free from all imperfections. The question put by the defendant to the plaintiffs’ witnesses on cross-examination, to show the plaintiff Ferrari’s knowledge of a particular process described to him of mending and concealing cracks in granite, was immaterial. The plaintiffs’ knowledge of a process by which cracks could be concealed had no tendency to prove that cracks existed, and, if cracks did exist, it was immaterial whether the plaintiffs did or did not know of them, or attempt to conceal them. A majority of the court are of opinion that the entry should be,

¶2Exceptions overruled.