Baker v. Frobisher
Baker v. Frobisher
Opinion of the Court
And the Justices were of the Opinion that every Man is bound to see his Goods are merchantable at the Time of Sale. (
(2) The opposite doctrine now prevails — all such cases being held to be within the principle of caveat emptor. Winsor v. Lombard, 18 Pick, 60. Mixer v. Coburn, 11 Met. 559. But the rule intimated above seems once to have been affirmed in Massachusetts. See Oliver v. Sale, poll — Otis, arguendo: “The rule of merchandise which obliges the vendor to answer for what he fells without warranty, is confined to manufactures of the Country, which a man must be supposed to know the quality of.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.