Slack v. Bragg
Supreme Court of Vermont
Case for false warranty and deceit in the sale of cattle. Plea, the general issue. Trial by jury at the June Term, 1S09, Orange County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. Plaintiff testified that one of the cows that was not fresh, as represented, was a “line back cow.” Defendant testified that there were no “line back cows” among those he sold plaintiff.
Read the full summary
Case for false warranty and deceit in the sale of cattle. Plea, the general issue. Trial by jury at the June Term, 1S09, Orange County, Taylor, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. Plaintiff testified that one of the cows that was not fresh, as represented, was a “line back cow.” Defendant testified that there were no “line back cows” among those he sold plaintiff. Subject to defendant’s objection and exception, plaintiff was then permitted further to describe the “line back cow” to which he referred, and to state that he made a memorandum of breeding…
1Opinion of the CourtPowers, J.
The two counts of this declaration are in case and therefore properly joined. They follow the form given in 2 Chitty 679, as did those in Caldbeck v. Simanton, 82 Vt. 69, which were held to be in the tort form. It was pointed out in that case that at an early day assumpsit and case came to be concurrent remedies for a breach of warranty in the sale of personal property; that the recognition of these remedies as concurrent led to the adoption of a form of declaration designed to enable a plaintiff to recover for a false warranty or false representation as his case might develop; that such a…
2Cases cited21 opinions
- Cabot v. ChristieSupreme Court of Vermont · 1869
- Vail v. StrongSupreme Court of Vermont · 1838
- Mallory v. LeachSupreme Court of Vermont · 1862
- Hathaway v. GoslantSupreme Court of Vermont · 1905
- Caldbeck v. SimantonSupreme Court of Vermont · 1909
16 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. LongSupreme Court of Vermont · 1922
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- In re Bean's WillSupreme Court of Vermont · 1912
- Paska v. SaundersSupreme Court of Vermont · 1931
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
21 more not listed; retrieve them via the Exa API.