Freyman v. Knecht
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: No. 158, to January Term 1875. This was an action on the case, commenced December 26th 1872, by Stephen Knecht against John Freyman. The declaration was that Freyman, in consideration of $125 ■ and a wagon worth $25, bargained and sold to Knecht a horse and warranted it sound, whereas at the time of the sale it was unsound, and Freyman thereby “falsely and fraudulently deceived” Knecht, to his damage, &c.
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Error to the Court of Common Pleas of Lehigh county: No. 158, to January Term 1875. This was an action on the case, commenced December 26th 1872, by Stephen Knecht against John Freyman. The declaration was that Freyman, in consideration of $125 ■ and a wagon worth $25, bargained and sold to Knecht a horse and warranted it sound, whereas at the time of the sale it was unsound, and Freyman thereby “falsely and fraudulently deceived” Knecht, to his damage, &c. The case was tried December 4th 1874, before W. S. Kirkpatrick, P. J., of the Third district. The plaintiff’s evidence was that on the…
1Opinion of the CourtJustice Williams
It was clearly competent for the plaintiff to prove that, when he purchased the mare in November 1872, her eyes were diseased; and in order to show that the disease was not temporary but permanent and incurable, that it continued until November 1873, when one of her eyes became wholly blind and the sight of the other was greatly impaired. But evidence as to the condition of her eyes in November 1873, was not admissible per se for the *144purpose of showing that they were diseased at the time of the sale; and it should not have been received if there was no evidence tending to show what their…
2Cases cited1 opinion
- Kase v. JohnSupreme Court of Pennsylvania · 1840
3Cited by8 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Scriven v. HechtCourt of Appeals for the Second Circuit · 1923
- Gardiner v. D. P. S. Nichols Co.Superior Court of Pennsylvania · 1912
- Moskowitz v. Flock and FlockSuperior Court of Pennsylvania · 1933
- Miller Lock Co. v. Diehl Manufacturing Co.Superior Court of Pennsylvania · 1908
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