Spalding v. Conant
Massachusetts Supreme Judicial Court
Contract for breach of warranty of soundness in the sale of a horse. At the trial in the Superior Court, before Knowlton, J., it appeared that the plaintiff bought the horse of the defendant, who gave him a bill of sale, which described the horse and set forth merely that it was “warranted not to interfere behind from swelling on nigh hind ankle, with proper treatment.”
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Contract for breach of warranty of soundness in the sale of a horse. At the trial in the Superior Court, before Knowlton, J., it appeared that the plaintiff bought the horse of the defendant, who gave him a bill of sale, which described the horse and set forth merely that it was “warranted not to interfere behind from swelling on nigh hind ankle, with proper treatment.” There was evidence tending to show that the defendant had previously agreed to give a written warranty of soundness of the horse with the exception of the ankle; that the plaintiff, when the paper was handed to him, noticed…
1Opinion of the CourtC. Allen, J.
In this case it must now be assumed that the bill of sale as originally delivered did not contain the whole of the bargain actually made between the parties, and, upon attention being called to the omission, the defendant, for the purpose of making the writing conform to the actual agreement, inserted the warranty upon which the action is brought. The defendant’s counsel now contends that the plaintiff had accepted the bill of sale without this warranty, and that, having done so, he could not have maintained an action upon the oral warranty, because the bill of sale would have been treated as…
2Cited by4 opinions
- Hercules Powder Co. v. Harry T. Campbell Sons Co.Court of Appeals of Maryland · 1929
- Ford v. United States Mutual Accident Relief Co.Massachusetts Supreme Judicial Court · 1889
- McGaughey v. RichardsonMassachusetts Supreme Judicial Court · 1889
- Wilson v. BlairMontana Supreme Court · 1922