Merris v. Hunt
New York Supreme Court
Appeal from Onondaga county court. Action by George Merris against Charles Hunt for damages for breach of warranty in the sale of a horse, commenced before a justice of the peace, and taken on appeal by defendant to the county court. From a judgment reversing the judgment of the justice, plaintiff appeals.
1Opinion of the Court
MERWI27, J.
The action in this case was to recover damages for breach of warranty in sale of a horse. The plaintiff recovered in the justice’s court to the extent of $38.75 damages, but the county court reversed the judgment, upon the ground that evidence of the plaintiff himself as to the cost of the use of another horse to favor the one in question was improperly received on- the question of damages. 27o claim, however, was made by the plaintiff for any 'special damages of this character, nor was the objection taken that it was not proper on the question of damages. Both parties appeared by…
2Cases cited3 opinions
- Lockwood v. LockwoodNew York Supreme Court · 1891
- Davison v. LuckmanNew York Supreme Court · 1892
- Jackson v. CollinsNew York Supreme Court · 1891
3Cited by2 opinions
- Southard v. Becker, New York County Courts1896
- Spears v. SorgeNew York County Court, Steuben County · 1907