Mason v. Chappell
Supreme Court of Virginia
This was an action on the case in the Circuit court of Alexandria county, by Richard C. Mason against R. Stockton Chappell. The declaration contained two counts. The first was for the breach of a warranty, upon the sale by the defendant to the plaintiff of one hundred and fifty barrels of a manure called “ Chap-' pell’s fertilizerthe second was the common money counts in assumpsit.
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This was an action on the case in the Circuit court of Alexandria county, by Richard C. Mason against R. Stockton Chappell. The declaration contained two counts. The first was for the breach of a warranty, upon the sale by the defendant to the plaintiff of one hundred and fifty barrels of a manure called “ Chap-' pell’s fertilizerthe second was the common money counts in assumpsit. The plaintiff alleged that the article received by him was wholly worthless, and therefore he claimed to recover back the whole price, four hundred and sixty-three dollars aud fifty cents, paid by him. Upon the…
1Opinion of the CourtRobertson, J.
It is well settled law, in this state, that in a sale of personal chattels a full price does not import a warranty as to quality. The vendor is not liable for defects in quality unless he warrants, or makes some fraudulent representation, or, knowing of a latent defect, omits to disclose it.
It is unnecessary to enquire into the correctness of the position taken by the plaintiff’s counsel, that a recovery for a fraudulent representation may be had under the money counts, because there is no evidence in the case tending to show fraud. To constitute fraud the scienter is necessary. It is not…
2Cited by19 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Conant v. National State BankIndiana Supreme Court · 1889
- Fuchs & Lang Manufacturing Co. v. R. J. Kittredge & Co.Illinois Supreme Court · 1909
- Hood v. Bloch Bros.West Virginia Supreme Court · 1886
- Bancroft v. San Francisco Tool Co.California Supreme Court · 1898
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