Ender v. Scott
Illinois Supreme Court
This was an action on the case on an express warranty, brought by Scott against Ender, in the St. Clair Circuit Court. Heard at April term, 1849, before Underwood, Judge, and a jury. A verdict was found for plaintiff for $15 00. A motion for a new trial was made and overruled, and judgment was rendered for plaintiff. The defendant sued out a writ of error.
1Opinion of the Court
Opinion by Treat, C. J.:
This action was brought to recover damages, for the breach of a warranty on an exchange of horses. The Court instructed the jury that, “ If they believe from the evidence that the defendant represented in positive terms to the plaintiff, at the time of and before the exchange, that the mare was sound, except the distemper, such positive assertion will amount to a warranty, which, if false, the defendant is liable for in this action.55
The instruction was clearly erroneous. In order to constitute* a warranty, there must he not only an affirmation respecting the quality…
2Cited by8 opinions
- McCormick v. KellySupreme Court of Minnesota · 1881
- Reed v. HastingsIllinois Supreme Court · 1871
- Tewkesbury v. BennettSupreme Court of Iowa · 1870
- McGrew v. ForsytheSupreme Court of Iowa · 1870
- Matlock v. MeyersSupreme Court of Missouri · 1877
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