Lindsay v. Davis
Supreme Court of Missouri
Appeal from Henry Circuit Court. This is an action by Reuben T. Lindsay against Joseph Davis. The petition has two counts.
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Appeal from Henry Circuit Court. This is an action by Reuben T. Lindsay against Joseph Davis. The petition has two counts. In the first count the plaintiff sets forth the purchase of sixteen mares and a jack from the defendant; that defendant warranted said mares (except one) and the jack to be sound ; that they were unsound and infected with a contagious disease called “ glan-ders that said mare excepted from the warranty, defendant fraudulently represented to have been diseased with a disease called “ distemper,” a common and not dangerous disease; that defendant knew said disease was not…
1Opinion of the CourtNapton, Judge
There were two questions involved in the trial of this cause; and the leading principle pervading the instructions, which the court gave to the jury, was undoubtedly correct. One question was, whether there was a warranty; the other was, whether there was any fraud. There must be a warranty or fraud to hold the vendor of a horse with a secret malady responsible to the purchaser. The maxim that a sound price implies a sound commodity, although a favorite *410one in the civil law, and occasionally borrowed to settle questions under our system, has never met with general favor, or taken root as a…
2Cases cited1 opinion
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
3Cited by14 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Turner v. Central Hardware Co.Supreme Court of Missouri · 1945
- Young v. VannattaMissouri Court of Appeals · 1905
- Barton v. DowisSupreme Court of Missouri · 1926
- State Ex Rel. Jones Store Co. v. ShainSupreme Court of Missouri · 1944
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