219 Mass. 260
Massachusetts Supreme Judicial Court
Decided November 24, 1914
Massachusetts Supreme Judicial Court · decided 1914-11-24
Contract or tort, the declaration containing allegations that the defendant, in order to induce the plaintiff to furnish the service of a certain stallion to two mares, falsely represented to the plaintiff that the mares did not have any contagious disease, that, relying on such “ representation and promise,” the plaintiff received the mares at his farm and that they communicated glanders to some of the plaintiff’s horses. Writ dated February 4, 1911.
Decided 1914-11-24
¶1The defendant admits that the plaintiff testified that the defendant made the guaranty sued on. His contention is that taking the plaintiff’s testimony as a whole, that evidence ought not to be believed and for that reason the judge ought to have directed the jury to return a verdict in his favor. There is nothing in that contention nor in the case relied upon by him (Fay v. Alliance Ins. Co. 16 Gray, 455) in support of it.
¶2Exceptions overruled.