Woodward v. Thacher
Supreme Court of Vermont
Trespass on the Case for a false warranty, or deceit, in the exchange of a horse. Plea, the general issue, and trial by jury, November Term, 1846, — Kellogg, J., presiding.
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Trespass on the Case for a false warranty, or deceit, in the exchange of a horse. Plea, the general issue, and trial by jury, November Term, 1846, — Kellogg, J., presiding. On trial the plaintiff gave evidence tending to prove, that he exchanged horses with the defendant on the 17th of December, 1845, and that, in the contract of exchange, the defendant warranted the horse, by him transferred to the plaintiff, as being then sound; that the horse was then in fact unsound and diseased, and continued so during all the time the plaintiff owned him ; that while the plaintiff owned him, the horse,…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
We think, the charge of the county court was entirely correct. The defendant had warranted the horse sound, when he was unsound. He had violated his contract. The plaintiff found a different horse on his hands from the one he had contracted for, — a sick horse, which he cannot be supposed to have wanted. It would be unreasonable, that he should be obliged to incur the trouble and risk of keeping him for a long period, in order, by experiments in medical or other treatment, to ascertain if he could not be made more valuable to him. It is but…
2Cited by3 opinions
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
- Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.North Dakota Supreme Court · 1894
- Callanan v. Brown & Co.Supreme Court of Iowa · 1871