Newell v. Smith
Supreme Court of Connecticut
Action to recover for a cow sold; brought by appeal from the judgment of a justice of the peace, to the Court of Common Pleas of Hartford County, and tried to the court before Bennett, J. The court found the following facts:— On the 18th of October, 1883, the defendant bought of the plaintiff two Jersey cows—one known as “Kittina” and the other as “ Colt’s heifer.”
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Action to recover for a cow sold; brought by appeal from the judgment of a justice of the peace, to the Court of Common Pleas of Hartford County, and tried to the court before Bennett, J. The court found the following facts:— On the 18th of October, 1883, the defendant bought of the plaintiff two Jersey cows—one known as “Kittina” and the other as “ Colt’s heifer.” For the cow Kittina he agreed to pay $100 if she proved to be with calf at the time of the purchase, but if she was not he was to pay but $40. Payment was to be made within a reasonable time. For Colt’s heifer the defendant agreed…
1Opinion of the CourtGranger, J.
The plaintiff sold the defendant a Jersey cow called “Kittina” and a Jersey heifer called “Colt’s heifer ” on the 18th of October, 1883. For the cow the defendant agreed to pay $100, if she should prove to be with calf; but if she was not he was to pay but $40. The heifer was honestly represented by the plaintiff to be of a certain pedigree, but proved to be of less pure blood, and the defendant claimed $50 damages, which the plaintiff admitted that he was entitled to; and on the 16th of April, 1884, the parties met and agreed that the $50 should be paid by turning in the cow Kittina at $40…
2Cited by4 opinions
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- Bedell v. WilderSupreme Court of Vermont · 1892
- Dreibholz v. FisherLouisiana Court of Appeal · 1915