Rodgers v. Perrault
Supreme Court of Kansas
Error from Mitchell District Court. Action brought by Rodgers against Perrault, to recover of the defendant $1,700 damages for an alleged breach of warranty in the sale of a stallion. Trial at the April term, 1887, and verdict and judgment for the defendant. Plaintiff brings the case here.
1Opinion of the Court
Opinion by
Clogston, C.:
The only question presented in this court is, where a contract is consummated by a written bill of sale, including warranties of title, can parol evidence afterward be given to enlarge the contract by showing warran*386ties of the soundness of the property, not included in the bill of sale ? The plaintiff showed that on the purchase of the stallion in question he received from the defendant a written bill of sale, which is in evidence and is as follows:
“ Know all men by these presents, that I, Isadore Perrault, in consideration of $1,500, paid by S. A. Rodgers, the receipt…
2Cases cited10 opinions
- Van Ostrand v. ReedNew York Supreme Court · 1828
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Johnson v. PowersCalifornia Supreme Court · 1884
- Fairbanks v. MeyersIndiana Supreme Court · 1884
- Atwater v. ClancyMassachusetts Supreme Judicial Court · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ehrsam v. BrownSupreme Court of Kansas · 1902
- Ehrsam v. BrownSupreme Court of Kansas · 1907
- Walker v. PriceSupreme Court of Kansas · 1900
- Rolfs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1903
- Kansas Refrigerator Co. v. PertCourt of Appeals of Kansas · 1895
1 more not listed; retrieve them via the Exa API.