Nature of the Case
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Facts
Wood (P) sold a stone to Boynton (D), a jeweler, for $1. At the time of the sale, both parties believed the store to be topaz. After the sale, D discovered that the stone was an uncut diamond worth $700. P offered D $1.10 for the return of the stone. D refused to return the stone. P sued to recover possession of the stone. The court directed a verdict for D. P excepted to those instructions and moved for a new trial. That motion was denied, and judgment was entered for D and P appealed.
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