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Contracts Keyed to Fuller
Wood v. Boynton
Citation:
64 Wis. 265, 25 N.W. 42 (1885)Facts
In December 1883, the plaintiff, Ms. Wood, was in possession of a small stone whose nature and value she did not know. She had previously shown the stone to defendant Boynton, a jeweler, who offered to buy it for one dollar as a “specimen.” Initially, she declined, but later, needing money, she returned to Boynton’s store and sold him the stone for the previously offered price. Neither party knew the stone was a diamond at the time of the sale. The stone was later discovered to be a rough diamond worth approximately $700. Upon learning this, the plaintiff tendered $1.10 (the purchase price plus interest) to the defendants and demanded the return of the stone. When the defendants refused, she brought this action to recover possession of the diamond. The plaintiff testified that she had been told the stone might be a topaz, and Boynton testified that he had never seen an uncut diamond before and “it never entered his brain” that the stone might be a diamond.
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