Lyon v. Strong
Supreme Court of Vermont
This was an action of assumpsit brought on the warranty of a mare. Plea, non-assumpsit. On trial the plaintiff offered evidence to prove the contract of sale and warranty.
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This was an action of assumpsit brought on the warranty of a mare. Plea, non-assumpsit. On trial the plaintiff offered evidence to prove the contract of sale and warranty. It appeared that the sale was made on the ■ — - day of October, 1830, on the Sabbath. ' Evidence was given by the plaintiff to prove the sale and warranty, by which it appeared that the plaintiff and defendant were making their bargain and trading during the course of the day, conversing about the terms of the trade, and had rode and tried the mare; — that defendant said he would warrant her sound every way, except gravel;…
1Opinion of the Court
The opinion of the court was pronounced by
Williams, Ch. J.
— From the case it is evident that several questions might have arisen in the course of the trial. 1. The *220one decided by the county court, whether a contract for the sale and exchange of horses, and a warranty thereon, made on the Sabbath, in the usual way, .arid attepded with all the circumstances which ordinarily attend those exchanges, is so far void that it cannot be enforced in a court of justice.. 2. Whether a contract of this kind, made after the setting of the sun on the Sabbath is against the statute. 3. Whether such a…
2Cases cited3 opinions
- Fox v. AbelSupreme Court of Connecticut · 1818
- Geer v. PutnamMassachusetts Supreme Judicial Court · 1813
- Mills Max & Co. v. BrownellSupreme Court of Vermont · 1831
3Cited by32 opinions
- Cashin v. PliterMichigan Supreme Court · 1912
- Pangborn v. WestlakeSupreme Court of Iowa · 1873
- Kadane v. ClarkTexas Supreme Court · 1940
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Adams v. GaySupreme Court of Vermont · 1847
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