Contracts Keyed to Calamari
Wood v. Boynton
Facts
The Defendants, Boynton and another (the “Defendants”), are partners in the jewelry business. The Plaintiff, Wood (the “Plaintiff”), was the owner of a small stone on or before December 8, 1883. The Plaintiff did not know what the exact type of the stone was or the value of the stone. The Plaintiff was under the impression that it was topaz and Boynton agreed it probably was. The Plaintiff sold the stone to the Defendants for $1. After the transaction, it was determined that the stone was a rough diamond worth about $700. Boynton said that when he bought the stone he had never seen an uncut diamond and he did not think the stone was a diamond. After learning of the stones true value, the Plaintiff gave the Defendants $1 plus 10 cents interest and demanded the return of the stone. The Defendants refused to return the stone and the Plaintiff commenced this lawsuit.
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ProfessorMelissa A. Hale
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