Everett v. Gray

Massachusetts Supreme Judicial Court

Everett v. Gray

1 Mass. 77

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1804

StatusPublished

This text of 1 Mass. 77 (Everett v. Gray) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Everett v. Gray, 1 Mass. 77 (Mass. 1804).

Pincite

Opinion

The whole Court (Strong, Sedgwick, Sewall, and Thachei, 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,

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The whole Court (Strong, Sedgwick, Sewall, and Thachei, 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,

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Bluebook (online)

1 Mass. 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everett-v-gray-mass-1804.