Wheeler v. Wheelock
Supreme Court of Vermont
Action on the Case for the false warranty of a horse. Plea, the general issue and trial by the court, March Term, 1861. Peck, J., presiding. The plaintiff bought the horse of the defendant on the 23d day of July, 1859, at the price of one hundred and twenty-five dollars, for which the plaintiff gave his notes, and took the horse into his possession.
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Action on the Case for the false warranty of a horse. Plea, the general issue and trial by the court, March Term, 1861. Peck, J., presiding. The plaintiff bought the horse of the defendant on the 23d day of July, 1859, at the price of one hundred and twenty-five dollars, for which the plaintiff gave his notes, and took the horse into his possession. It appeared that the defendant, a few days before he sold the horse to the defendant, bought him of one Currier, at the price of seventy-five dollars, and a claim against an insolvent estate worth ten or fifteen dollars ; that Currier had owned…
1Opinion of the CourtBarrett, J.
This is an action on the case for the false warranty of a horse, in the common form of declaring in such cases.
The evidence showed that the defendant, in reply to an inquiry made by the plaintiff in making the purchase, whether the horse was sound, said that he was so far as he knew. It was proved that the horse was in fact unsound at that time. The evidence showed that the defendant, before he sold the horse, and on the occasion of purchasing him of Currier, had discovered unsound appearances indicating some trouble, or at any rate, some unusual condition in the horse ; and that, when he…
2Cited by3 opinions
- Stevens v. BloodSupreme Court of Vermont · 1916
- Maynard v. MaynardSupreme Court of Vermont · 1877
- Howton v. E. A. Strout Farm AgencySupreme Court of Vermont · 1916