Hadley v. Clinton County Importing Co.
Ohio Supreme Court
ERROR to the district court of Clinton county. The original action was brought in the court of common pleas of Clinton county, to recover damages sustained on account of an alleged defect in a cow, sold by the defendant to the plaintiffs, and for which the price of $1050 had been paid.
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ERROR to the district court of Clinton county. The original action was brought in the court of common pleas of Clinton county, to recover damages sustained on account of an alleged defect in a cow, sold by the defendant to the plaintiffs, and for which the price of $1050 had been paid. It was claimed that the defendant was liable for the damages, either on an account of a warranty, as shown by representations, or on account of an omission to disclose the defect, amounting to a fraudulent concealment. The case was appealed to the district court, and was therein tried at the August term, 1860,…
1Opinion of the CourtG-holsoN, J.
The objection of the plaintiffs to the testimony which showed a declaration of the vendors at the time of the sale, limiting the effect of the statements in the advertisement, was untenable. At the time of the declaration, there was no contract. The advertisement and the declaration are to be taken together, as a proposal to contract, and we know of no rule which, as to the sale in question, would prevent such a proposal being partly written and partly verbal.
We think there was no error in the refusal of the first charge asked by the plaintiffs, and no error.to their prejudice in the charge…
2Cases cited2 opinions
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Otis v. RaymondSupreme Court of Connecticut · 1820
3Cited by12 opinions
- Layman v. BinnsOhio Supreme Court · 1988
- Miles v. Perpetual Savings & Loan Co.Ohio Supreme Court · 1979
- Dale v. JenningsSupreme Court of Florida · 1925
- Klott v. Associates Real EstateOhio Court of Appeals · 1974
- Bowlds v. SmithOhio Court of Appeals · 1961
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