[Download] "Kurriss v. Conrad & Co." by Supreme Judicial Court of Massachusetts " Book PDF Kindle ePub Free
eBook details
- Title: Kurriss v. Conrad & Co.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
COX, Justice. The plaintiff contends that there was error in directing a verdict for the defendant on her third count and also on the first count upon leave reserved. The first count, in substance, alleges that the plaintiff bought a dress from the defendant, which impliedly warranted that it was reasonably fit to be worn, but that it was not, for the reason that it contained a certain poisonous dye or other substance which poisoned her body. The third count alleges that the purpose of the purchase was made known to the defendant and that, in the selection of the dress, the plaintiff relied upon the skill and judgment of the defendant, which impliedly warranted that the dress was of merchantable quality and free from defects, but that it was not. It could have been found that the plaintiff went to the defendant's store with her sister, where she examined a number of dresses hanging on a rack, but found nothing that she was looking for. One of the defendant's clerk then asked her what she was seeking and was informed that she wanted 'something more of a print type of dress than this. This is rather a bit heavy.' The clerk asked for the plaintiff's size and said that she would see what she could find for her, adding, 'I think I have something very new that just has come in. I will see what size it is. I think you might like it.' The clerk went to another room and returned with a print dress which the plaintiff tried on and 'purchased' under the following circumstances. She 'took out her money to pay for the dress,' and the clerk began to make out a sales slip. The plaintiff's sister, who had a charge account with the defendant, suggested that as the plaintiff might need some extra money during the holidays, she might charge the dress to her account. The plaintiff decided to do this, and the clerk was so instructed and made out a sales slip for the charge transaction, in the name and address of the plaintiff's sister, and in which it is stated that the dress was purchased by the sister. The dress was then delivered to the plaintiff, who took it to her home.