Hardy v. Stoppel
Michigan Supreme Court
Error to Ingham; Collingwood, J. Assumpsit by James Hardy against Theodore H. Stoppel and Ered Szepanak, copartners as the South Lansing Coal Company, for breach of warranty on the sale of a horse. A judgment for plaintiff is reviewed by defendants on writ of error.
1Opinion of the CourtBird, C. J.
Plaintiff purchased a horse of the defendants under a claimed warranty that it was sound. Soon after taking the horse into his possession, plaintiff discovered that the horse was blind in one eye, and that the sight of the other was impaired. The horse was affected with amaurosis of the eyes, a disease which affects the optic nerve, and one which is not easily discoverable by the ordinary observer. Plaintiff brought suit on his warranty. The defendants admitted that the horse was blind in one eye, but denied the warranty. The plaintiff recovered a judgment and the defendants assign error.
Upon…
2Cases cited2 opinions
- Barker v. ClevelandMichigan Supreme Court · 1869
- Jackson Sleigh Co. v. HolmesMichigan Supreme Court · 1902