Graham v. Stiles
Supreme Court of Vermont
Action on the case for a false warranty by the defendants of the soundness of a horse by them exchanged with the plaintiff. The ■action was, by the agreement of the parties, referred to a referee, and the report of the referee is sufficiently set forth in the opinion of the court.
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Action on the case for a false warranty by the defendants of the soundness of a horse by them exchanged with the plaintiff. The ■action was, by the agreement of the parties, referred to a referee, and the report of the referee is sufficiently set forth in the opinion of the court. On the hearing on said report, the court, at the December Term, 1864, Kellogg, J., presiding, decided, pro forma, that the plaintiff was entitled to recover, and 'accordingly rendered judgment in favor of the plaintiff for the sum reported by the referee. To the said decision and judgment the defendants excepted.…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The referee finds that there was no warranty of the horse ; the plaintiff’s right to recover, therefore, rests solely on the ground of fraud in the sale. It appears from the report that the referee had great difficulty in finding what representations were made by the defendants, and the same difficulty in determining what inferences should be drawn, and what conclusions should be drawn from what representations he did find proved ; and on looking at the whole report it seems that these doubts were not entirely without foundation. There is much…
2Cited by8 opinions
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Shriver v. County Court of Marion CountyWest Virginia Supreme Court · 1910
- Newell Brothers v. HansonSupreme Court of Vermont · 1924
- Moncion v. BertrandSupreme Court of Vermont · 1925
- Maynard v. MaynardSupreme Court of Vermont · 1877
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