Halliday v. Briggs
Nebraska Supreme Court
Error to the district court for Gage county. Tried below before Weaver, J. Third instruction. 1 Hilliard Torts, 11, 12, 34. Pomery Eem., § 559. 1 Parson’s Cont., 576, n. “h.” Miller v. Nichols, 5 Neb., 478. Little v. Woodworth, 8 Id., 281. Fourth instruction.
Read the full summary
Error to the district court for Gage county. Tried below before Weaver, J. Third instruction. 1 Hilliard Torts, 11, 12, 34. Pomery Eem., § 559. 1 Parson’s Cont., 576, n. “h.” Miller v. Nichols, 5 Neb., 478. Little v. Woodworth, 8 Id., 281. Fourth instruction. Smith v. Justice, 13 Wis., 674. Hilliard Sales, 342. cited: Adams v. Johnson, 15 111., 345. Hawhins v. Berry, 5 Gil., 36 (111.) Towell v. Gatewood, 2 Scam., 23 (111.) Hahn v. Doolittle, 18 Wis., 196. Smith v. Justice, 13 Wis., 671. Heed v. Hastings, 61 111., 266. Carondelet Iron Worhs v. Moor-e, 78 111., 65. Baker v. Henderson et al., 24…
1Opinion of the Court
Lake, Ch. J.
This was an action on an alleged warranty in the sale of two horses by the defendant to the plaintiff. It was alleged in the petition and denied in the answer, that as an inducement to the purchase, the defendant warranted the horses to be “all right, sound and free from disease,” and that the “plaintiff, relying upon said warranty, purchased said horses from the defendant for .the sum of sixty dollars,” etc. That the “ horses at the time of the sale were diseased and unsound in this,” that both of them “had a contagious and infectious disease, known as the Texas mange, or Spanish…
2Cases cited5 opinions
- Whitney v. SuttonNew York Supreme Court · 1833
- Hahn v. DoolittleWisconsin Supreme Court · 1864
- Reed v. HastingsIllinois Supreme Court · 1871
- Little v. WoodworthNebraska Supreme Court · 1879
- Blackburn v. OstranderNebraska Supreme Court · 1876
3Cited by2 opinions
- Erskine v. SwansonNebraska Supreme Court · 1895
- Unland v. GartonNebraska Supreme Court · 1896