Buckingham v. Osborne
Supreme Court of Connecticut
Trespass for taking and carrying away a horse belonging to the plaintiffs; brought to the Superior Court in Litchfield County, and tried to the court, on the general issue with notice, before Martin, J. The court found the following facts: In April, 1871, the plaintiffs agreed with the defendant to purchase of him the horse described in the declaration, for §150, payable within thirty days thereafter.
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Trespass for taking and carrying away a horse belonging to the plaintiffs; brought to the Superior Court in Litchfield County, and tried to the court, on the general issue with notice, before Martin, J. The court found the following facts: In April, 1871, the plaintiffs agreed with the defendant to purchase of him the horse described in the declaration, for §150, payable within thirty days thereafter. The horse was not at that time delivered to the plaintiffs, nor was anything given to bind the bargain, or any note or memorandum in. writing of the agreement made and signed by the parties or…
1Opinion of the Court
Park, C.' J.
There was nothing in the contract of sale of the horse which gave the plaintiffs a right to return the animal to the defendant and l'escind the contract. They claimed the right so to do because they afterwards discovered that the horse had a cough, which they claimed that he had at the time the contract was made. But however this may have been, no right of rescission existed in the plaintiffs unless there was a condition in the contract of sale to that effect. If the horse did not answer the terms of the contract, there being no fraud in the sale, the plaintiffs’ remedy was on the…
2Cited by9 opinions
- Cugno v. KaelinSupreme Court of Connecticut · 1951
- Lampson Lumber Co. v. HoerSupreme Court of Connecticut · 1952
- Nuttallburg Smokeless Fuel Co. v. First National BankWest Virginia Supreme Court · 1921
- Gabriel v. Kildare Elevator Co.Supreme Court of Oklahoma · 1907
- Trumbull v. O'HaraSupreme Court of Connecticut · 1898
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