Croyle v. Moses
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bedford county: Of May Term 1879, No. 34. ' Case by Thomas J. Croyle against Jacob J. Moses, for the price of a horse. Plaintiff purchased from defendant a bay horse,-for which he paid $110 cash. Soon after he discovered that said horste was a cribber or wind-sucker and immediately returned him to the defendant and demanded his money.
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Error to the Court of Common Pleas of Bedford county: Of May Term 1879, No. 34. ' Case by Thomas J. Croyle against Jacob J. Moses, for the price of a horse. Plaintiff purchased from defendant a bay horse,-for which he paid $110 cash. Soon after he discovered that said horste was a cribber or wind-sucker and immediately returned him to the defendant and demanded his money. Defendant refused to refund the money, and the following day returned the horse to plaintiff, who declined to take ‘him, and the horse was subsequently sold as a stray. The declaration was upon two counts: 1st. Fraudulent…
1Opinion of the CourtJustice Mercur
delivered the opinión of the court,
This is an action on the case to recover damages for the fraudulent sale of a horse. The declaration contains two counts. One, charging a fraudulent warranty, the other, deceit and fraudulent representations. ■ Twro distinct questions are thus presented; the one, whether the defendant warranted the horse to be sound, the other, whether, without any warranty, he fraudulently and deceitfully practised some trick or artifice in making the sale whereby the plaintiff was deceived and injured.
As bearing in some degree on the first count, we cannot convict the…
2Cases cited1 opinion
- Relf v. RappSupreme Court of Pennsylvania · 1841
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- Pekular v. EichSupreme Court of Pennsylvania · 1986
- Borelli v. BarthelSuperior Court of Pennsylvania · 1965
- Cosgrove v. WoodwardSuperior Court of Pennsylvania · 1912
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