Wood v. Boynton

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

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.