Lamme v. Gregg
Court of Appeals of Kentucky
CASE 16 — PETITION ORDINARY APPEAL PROM LINCOLN CIRCUIT COURT. The facts appear in the opinion of the court. The statement of the defendant at the time of the sale, upon which plaintiff relied, amounts to a warranty.
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CASE 16 — PETITION ORDINARY APPEAL PROM LINCOLN CIRCUIT COURT. The facts appear in the opinion of the court. The statement of the defendant at the time of the sale, upon which plaintiff relied, amounts to a warranty. (2 J. J. Mar., 129; 2 B. Mon., 374; Parsons on Contracts, 402.) It was not necessary for it to be in writing. 1. The affirmation by Gregg, at the time of the sale, that the jack he was selling was a sure foal-getter, and as good a breeder as the one he had sold to Burdett, which was of good reputation in these respects, was in law a warranty to that effect, if so intended and…
1Opinion of the CourtChief Justice Simpson
delivered the otinion op the court:
The plaintiff alleged in his petition that the defendant sold him a jackass, at the price of four hundred dollars, and at the time of the sale warranted said jackass to be a good and sure foal-getter, and a superior breeding jack. He averred that he was not a sure foal-getter at the time of the sale, nor since that time, and that he was of no value whatever for breeding.
The defendant admitted the sale, denied the alleged warranty, but stated that he represented the jack to be a good and sure foal-getter at the time of the sale.
It was proved on the trial in…
2Cases cited3 opinions
- Chapman v. MurchNew York Supreme Court · 1822
- Bacon v. BrownCourt of Appeals of Kentucky · 1813
- Dickens v. WilliamsCourt of Appeals of Kentucky · 1842
3Cited by12 opinions
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- In Re the Estate of CarrilloCalifornia Supreme Court · 1921
- Robertson v. BrownCourt of Appeals of Tennessee · 1931
- McClintock v. Emick, Stoner & Co.Court of Appeals of Kentucky · 1888
- Bacon v. RansomMassachusetts Supreme Judicial Court · 1885
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