Legal Opinion

Fay & Bryant v. Richmond

Supreme Court of Vermont

Decided February 15, 1870PublishedCited by 7 opinions

Case for false warranty of a horse. Plea, the general issue, and trial by jury, May term, 1869, Barrett, J., presiding. On trial, the plaintiffs claimed, and gave evidence tending to prove, that they purchased the horse in question .of one John Fuller, in exchange for a certain white-faced mare and $137.50, for which they gave their note, payable to defendant; that said Fuller, in making the trade, was acting as the agent of the defendant, who was the owner of the horse ;…

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Case for false warranty of a horse. Plea, the general issue, and trial by jury, May term, 1869, Barrett, J., presiding. On trial, the plaintiffs claimed, and gave evidence tending to prove, that they purchased the horse in question .of one John Fuller, in exchange for a certain white-faced mare and $137.50, for which they gave their note, payable to defendant; that said Fuller, in making the trade, was acting as the agent of the defendant, who was the owner of the horse ; that Fuller warranted the horse, and that the horse was not in fact as warranted, and that thereby his value was…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

The plaintiffs claim to recover of the defendant for a false warranty of the horse which they received for the white-faced mare and their note for $137.50 payable to the defendant. The exception is to the charge of the court in relation to whether Fuller, in negotiating the trade, acted as the agent of the defendant, or in his own behalf.

The view most favorable to the defendant that can be taken of the evidence disclosed in the case, is, that the defendant authorized *27Fuller to dispose of his, (the defendant’s,) horse, and have all he could get…

2Cited by7 opinions

  1. R. E. Bean Construction Co. v. Middlebury Associates & Middlebury Developers, Inc.Supreme Court of Vermont · 1980
  2. Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
  3. Adams v. SmithNevada Supreme Court · 1886
  4. Kingsley v. FittsSupreme Court of Vermont · 1879
  5. Chase v. RobinsonSupreme Court of Vermont · 1912

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