Smith v. Justice
Wisconsin Supreme Court
APPEAL from tire Circuit Court for Dodge County. This suit was commenced before a justice of the peace: The complaint alleged that the plaintiff bought a horse of tbe defendant for $150, tbe defendant representing at tbe time that tbe horse was sound and gentle in harness, as the horse was then unsound and ungovernable in harness, as the defendant well knew, to the plaintiff’s damage, &c.
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APPEAL from tire Circuit Court for Dodge County. This suit was commenced before a justice of the peace: The complaint alleged that the plaintiff bought a horse of tbe defendant for $150, tbe defendant representing at tbe time that tbe horse was sound and gentle in harness, as the horse was then unsound and ungovernable in harness, as the defendant well knew, to the plaintiff’s damage, &c. Yerdict and judgment for plaintiff. 1. A warranty implies a contract, “ a mutual assent, where both parties propose and mean the same thing in the $ame sense.” 1 Parsons on Con., 6; McFarland vs. Newman, 9…
1Opinion of the Court
By the Court,
PAINE, J.
This action was for a breach of warranty in the sale of a horse. The complaint was criticised somewhat by the counsel for the appellant, upon the ground that it did not sufficiently appear whether the action was for a breach of warranty or for fraud and deceit. No question was made as to the sufficiency of the complaint in the court below, and we think it sufficiently sets forth a cause of. action for a breach of warranty to sustain the judgment, if there is no other objection to it.
The principal question arises upon the instruction given at the request of the…
2Cited by7 opinions
- Hahn v. DoolittleWisconsin Supreme Court · 1864
- Reese & Co. v. BatesSupreme Court of Virginia · 1897
- Frey v. FailesSupreme Court of Oklahoma · 1913
- Smith v. ReedWisconsin Supreme Court · 1910
- Neave v. ArntzWisconsin Supreme Court · 1882
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