Armory v. Delamire

1722

Court: King's Bench, England

Facts: Chimney sweep finds a jewel, and takes it to a jeweler. The jeweler's apprentice pulls out the stones, and values the thing based on the setting. The sweep doesn't want to get paid so little, and the apprentice returns the socket, but without the stones.

Posture: Trial?

Issue: Who is answerable for this, and how much?

Holding: The master is answerable for the apprentice's foolery, and the value is viewed in a light favorable to the plaintiff.

Rule: Unless the defendant produces the jewel, and shows that it's flawed, we should assume that there is no flaw. Finders prevail against anyone but rightful owners.

Reasoning: None. This is trimmed down the the bare minimum.

Dicta: