Marston v. Knight
Supreme Judicial Court of Maine
Replevin for a bay mare. At the trial before Wells, J. the plaintiff showed that he swapped the mare in controversy for an iron gray horse, and paid defendant fifteen dollars for the exchange.
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Replevin for a bay mare. At the trial before Wells, J. the plaintiff showed that he swapped the mare in controversy for an iron gray horse, and paid defendant fifteen dollars for the exchange. There was testimony tending to show that the defendant, at the time of and before the exchange, represented said gray horse to be sound, and by one witness, that he said the horse was sound, and that the exchange was made in the evening by candle light; and that plaintiff relied upon defendant’s representations of soundness. It also appeared that several witnesses saw the gray horse on the next morning…
1Opinion of the CourtWells, J.
The question raised in this action is, whether in case of a warranty, or representations, which amount to a warranty, by the defendant, upon an exchange of horses between the parties, and there is a breach of the warranty of soundness, but no fraud on the part of the defendant, the plaintiff can rescind the contract, and recover back his horse.
There appears to be some conflict in the authorities upon this question.
In Emanuel v. Dane, 3 Camp. 299, which was an action of trover for a watch, that the plaintiff had exchanged with the defendant for a pair of candlesticks, warranted to be silver,…
2Cited by4 opinions
- Rogers v. Hanson & Co.Supreme Court of Iowa · 1872
- Windsor Print Works v. C. F. Hathaway Co.Court of Appeals for the First Circuit · 1923
- Thompson v. HarveySupreme Court of Alabama · 1888
- Powers v. RosenbloomSupreme Judicial Court of Maine · 1948