Houghton v. Carpenter
Supreme Court of Vermont
Action on the case to recover on a breach of warranty in the pur* chase of a quantity of blitter. The case was referred to a referee, who reported that the purchase was made on the 10th of January, 1860. * '* '* * “ That the plaintiff told the defendant that he, {the plaintiff,) had some sons engaged in the grocery business in Boston, who had written to him that if he could' send them some “ tip-top number one table butter,” for sale to families, to send it on, and they…
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Action on the case to recover on a breach of warranty in the pur* chase of a quantity of blitter. The case was referred to a referee, who reported that the purchase was made on the 10th of January, 1860. * '* '* * “ That the plaintiff told the defendant that he, {the plaintiff,) had some sons engaged in the grocery business in Boston, who had written to him that if he could' send them some “ tip-top number one table butter,” for sale to families, to send it on, and they could sell it for a good price, but not to send any other than good butter. The defendant then said that his was good…
1Opinion of the Court
*593The opinion of the court was delivered hy
Peck, J.
The plaintiff claims to recover for a breach of warranty as to the quality of a quantity of butter sold by the defendant to the plaintiff. The facts found by the referee exclude the idea of any fraud in the sale, and no claim is made on any such ground. The sale, warranty and breach are indispensable to the plaintiff’s right of action. * ,f
It is insisted on the part of the defence that the referee erred in receiving parol evidence to prove the contract of sale and warranty. This question the referee refers to the court. The ground of the…
2Cited by11 opinions
- Ruff v. JarrettIllinois Supreme Court · 1880
- Divani v. DonovanCalifornia Supreme Court · 1931
- Stahelin v. SowleMichigan Supreme Court · 1891
- Kennett v. TudorSupreme Court of Vermont · 1911
- Hull v. RayCalifornia Court of Appeal · 1926
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