Case Brief 10: WOOD v. BOYNTON
The plaintiff owned a small stone; however, he didn’t know it was a diamond and the
real value of it. In September or October of 1883, he stepped into the defendant’s
store and asked about the diamond. The defendant also didn’t know that it was a
diamond; however, he suggested giving the plaintiff one dollar and keeping it as a
specimen. The plaintiff refused. Nevertheless, on 28 of December, 1883, the plaintiff
needed money badly. Therefore, he sold the diamond to the defendant by one dollar.
Afterwards the plaintiff was told that the diamond was worth $700. He tendered the
defendants one dollar, with ten cents as interest, to ask the return of the diamond. The
Rules of Law:
Kennedy v. Panama, etc., Mail Co., L. R. 2 Q. B. 580; Kennedy v. Panama, etc., Mail
Co., supra., 587; Street v. Blay, 2 Barn. & Adol. 456; Gompertz v. Bartlett, 2 El. & Bl.
849; Gurney v. Womersley, 4 El. & Bl. 133; Ship's Case, 2 De G. J. & S. 544;
75 N. Y. 287;
Etting v. Bank of U. S., 11 Wheat. 59;