Legal Opinion

Walton v. Ryan

Michigan Supreme Court

Decided September 28, 1905No. Docket No. 178Published

Error to Kent; Wolcott, J. Assumpsit by Terry Walton against Otis H. Ryan for breach of warranty in the sale of a horse. There was judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Moore, O. J.

This case was commenced in justice’s court. It was appealed to the circuit court, where it was tried by the judge without a jury. Several witnesses were sworn on the part of each of the parties to the litigation. The judge made findings of fact and law, and rendered a judgment in favor of the plaintiff. The defendant asked the judge to amend his findings in such a way as would result in a judgment for defendant. This the judge declined to do. Exceptions were taken to said denial and to the findings as made. A motion was then made for a new trial, which motion was denied. The case…

2Cases cited8 opinions

  1. Lamoreaux v. CrevelingMichigan Supreme Court · 1895
  2. Morse v. BlanchardMichigan Supreme Court · 1898
  3. Childs v. NordellaMichigan Supreme Court · 1898
  4. Cole v. ShawMichigan Supreme Court · 1895
  5. Boyle v. WalshMichigan Supreme Court · 1895

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