Wheeler v. Wheelock
Supreme Court of Vermont
Case. The material facts in the case, the questions arising thereon, and the judgment of the county court, are sufficiently stated in the opinion of the court. Exceptions by the plaintiff.
1Opinion of the CourtKellogg, J.
This is an action on the case for a false warranty of soundness on the sale of ahorse. The plaintiff’s declaration contains three counts. In the county court the defendant demurred to the third count, and pleaded the general issue to the first and second counts. Upon the demurrer, the court, pro forma, adjudged the third count insufficient; and the issue of fact was tried by the court.
The first question arising under the plaintiff’s exceptions relates to the correctness of the judgment rendered on the demurrer. The only cause of demurrer to the third count which is assigned by the defendant,…
2Cases cited2 opinions
- West v. EmerySupreme Court of Vermont · 1845
- Parlin v. BundySupreme Court of Vermont · 1846
3Cited by2 opinions
- Maidment v. FrazierSupreme Court of Vermont · 1916
- Preston v. St. J. &. L. C. Rd.Supreme Court of Vermont · 1891