Hickman v. Sawyer
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Eastern District of North Carolina, at Raleigh; Henry G. Conner, Judge. Action at law by Charles W. Hickman against D, C. Sawyer, John E. Parrisher, j. W. Gaboon, Charles Roughton, PI. T. Davenport, L. S. Spruill, and others. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
WOODS, Circuit Judge.
The controversy arises out of a contract made April 14, 1908, for the sale of a stallion by J. Crouch & Son, an Indiana partnership, to the defendants, citizens of North Carolina, under the name of the Columbia German Coach Horse Company. The contract of sale contained a guaranty on the.part of the sellers that the stallion would be a “satisfactory sure breeder” provided he should be kept in sound and healthy condition and should have proper care and exercise; and it was stipulated by the sellers:
“If tbe said stallion should fail to be a satisfactory sure breeder with tbe…
2Cases cited22 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Montclair v. RamsdellSupreme Court of the United States · 1883
- Sigafus v. PorterSupreme Court of the United States · 1900
- May v. . LoomisSupreme Court of North Carolina · 1905
- Kost v. BenderMichigan Supreme Court · 1872
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3Cited by8 opinions
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- Craig v. ParsonsNew Mexico Supreme Court · 1916
- Hill County Cotton Oil Co. v. JonasCourt of Appeals for the Fifth Circuit · 1928
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