Geo. Enger & Co. v. W. W. Dawley & Co.
Supreme Court of Vermont
This was an action in assumpsit for the amount of a promis- . sory note given for the balance due on a lot of carriages sold by the plaintiffs to the defendant. Plea, the general issue, with notice that the defendant would rely, on trial, upon certain misrepresentations and the breach of certain warranties made in and about the sale of the carriages. Trial by jury, at the September Term, 1889, Powers, J., presiding. Yerdiet and judgment for the plaintiffs.
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This was an action in assumpsit for the amount of a promis- . sory note given for the balance due on a lot of carriages sold by the plaintiffs to the defendant. Plea, the general issue, with notice that the defendant would rely, on trial, upon certain misrepresentations and the breach of certain warranties made in and about the sale of the carriages. Trial by jury, at the September Term, 1889, Powers, J., presiding. Yerdiet and judgment for the plaintiffs. The sale was effected through one Stevens, the agent of the plaintiffs, and the evidence of the defendant tended to show that the wagons…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The only exception argued is the one taken to the failure of the court to comply with the third request. It does not embody a sound legal proposition. A catalogue was in evidence which contained representations as to the painting and varnishing of the wagons. The defendant claimed the representations were warranties; and asked instructions that if the ■catalogue “.was used by the parties and referred to by them ” in completing the sale, and defendant relied upon them and believed them to he true, and made the purchase relying on them, then they…
2Cases cited9 opinions
- Rea v. HarringtonSupreme Court of Vermont · 1885
- Beeman v. BuckSupreme Court of Vermont · 1830
- Beals v. OlmsteadSupreme Court of Vermont · 1852
- Houghton v. CarpenterSupreme Court of Vermont · 1868
- Foster v. Estate of CaldwellSupreme Court of Vermont · 1846
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hobart v. YoungSupreme Court of Vermont · 1891
- Milburn Wagon Co. v. NisewarnerSupreme Court of Virginia · 1894