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Wood v. Boynton

64 Wis. 265, 25 N.W. 42 (1885)

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Wood v. Boynton

Wisconsin Supreme Court

64 Wis. 265, 25 N.W. 42 (1885)

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Facts

Wood (plaintiff) visited Boynton (defendant), a jeweler, to have jewelry repaired. While there, Wood inquired whether Boynton knew anything about a stone that she had. Wood told Boynton that she had been told it was topaz and Boynton replied that it probably was. Boynton asked Wood if she would sell the stone and offered to give her a dollar for it. Wood at first refused, but later decided to sell the stone. Later, Wood learned that the stone was an uncut diamond worth about $700.00. Wood tendered the dollar plus interest to Boynton and demanded the return of the stone. Boynton refused. At the time of the sale, Boynton was not an expert in uncut diamonds, had never seen one before, and it did not occur to him at the time of the sale that the stone might be a diamond. Wood brought suit. The case was tried by a jury. After hearing all the evidence, the trial judge directed the jury to find in favor of Boynton. Wood moved for a new trial, but the motion was denied. Wood appealed to the Supreme Court of Wisconsin.

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

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