Warren v. Buck
Supreme Court of Vermont
Assumpsit. Trial by court at the December term, 1897, Lamoille county, Munson, J., presiding. Judgment for the defendant. The plaintiff excepted. The defendant, a farmer, sold the plaintiff, a butcher, seven hogs, on inspection, at the full market price per pound live weight, knowing that they were to be killed and cut up for sale in the usual course of the plaintiff’s business, as was afterwards done.
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Assumpsit. Trial by court at the December term, 1897, Lamoille county, Munson, J., presiding. Judgment for the defendant. The plaintiff excepted. The defendant, a farmer, sold the plaintiff, a butcher, seven hogs, on inspection, at the full market price per pound live weight, knowing that they were to be killed and cut up for sale in the usual course of the plaintiff’s business, as was afterwards done. Two of the hogs had tuberculosis, a latent defect which rendered them unfit for food and dangerous to the health of the consumer.
1Opinion of the CourtTyler, J.
The general rule of the common law is, as stated in Bryant v. Pember, 45 Vt. 487, that upon the sale of goods and chattels, if there is no express warranty of their quality and no fraud, the maxim caveat emfttor applies, and no warranty is implied by law; and the exception in respect to provisions does not extend beyond the case of a dealer who sells them directly to the consumer for domestic use. Benj. on Sales, ed. of 1888, 639; 2 Kent’s Com., 13th ed., 478, notes.
In Bragg v. Morrill, 49 Vt. at page 47, the court, referring to this subject, said: “Generally, in all sales of provisions,…
2Cases cited9 opinions
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
- Giroux v. StedmaxMassachusetts Supreme Judicial Court · 1888
- Beals v. OlmsteadSupreme Court of Vermont · 1852
- Best v. FlintSupreme Court of Vermont · 1886
- Maynard v. MaynardSupreme Court of Vermont · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Zielinski v. PotterMichigan Supreme Court · 1917
- Swank v. BattagliaOregon Supreme Court · 1917