Packard v. Slack
Supreme Court of Vermont
Case for the alleged false warranty that a hundred sheep sold to the plaintiff by the defendant were sound. The declaration alleged that the sheep so sold became of no value by reason of being infected with disease at the time of sale, and also that in consequence of being so diseased they communicated the infection to other sheep of the plaintiff, which became of no value for that reason.
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Case for the alleged false warranty that a hundred sheep sold to the plaintiff by the defendant were sound. The declaration alleged that the sheep so sold became of no value by reason of being infected with disease at the time of sale, and also that in consequence of being so diseased they communicated the infection to other sheep of the plaintiff, which became of no value for that reason. The declaration contained no allegation that the defendant knew when he sold the sheep to the plaintiff, that the latter intended to mingle them with his other sheep. The cause was tried by jury at the…
1Opinion of the Court
Poland J.
If the plaintiff’s declaration is defective,, as the defendant insists, we think the defendant is not entitled to have the judgment arrested after a verdict upon- it in favor of the plaintiff. The fraud, or deceit, or false warranty, set forth in the plaintiff’s declaration, if proved, as it must be in order to entitle the plaintiff to a verdict at all, would entitle the plaintiff at least to recover for the diminished value of the sheep purchased of *11him by the plaintiff. This loss or damage to the plaintiff is of the character termed in the books general damages, and need not be…
2Cited by9 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- Joy v. BitzerSupreme Court of Iowa · 1889
- Robertson v. HaltonSupreme Court of North Carolina · 1911
- Lovejoy v. SpaffordSupreme Court of the United States · 1876
- Sherlag v. KelleyMassachusetts Supreme Judicial Court · 1908
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