Legal Opinion · Dissent

Sherrill v. Coad

Nebraska Supreme Court

Decided November 18, 1912No. 16,760Published

Appear from the district court for Dawes county: James J. Harrington, Judge.

1DissentHamer, J.

I am unable to agree with my associates in this case. I start out with the legal proposition that misrepresentation, deception and fraud in the sale of personal property resulting in damages to the vendee, if shown by competent evidence, will support a judgment in his favor whether the action be only for a breach of Avarranty or for fraud and deceit. Under the application of the rule stated, the evidence in this case is clearly sufficient to sustain the judgment of the trial court. The stallion in this case was sold purely for a breeder. The agent of Ooad, Mr. Hall, in order to induce the…

2Cases cited6 opinions

  1. Graffam v. BurgessSupreme Court of the United States · 1886
  2. Eames v. MorganIllinois Supreme Court · 1865
  3. Hammatt v. EmersonSupreme Judicial Court of Maine · 1847
  4. Martin v. HuttonNebraska Supreme Court · 1911
  5. McCready v. PhillipsNebraska Supreme Court · 1898

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