Guptill v. Damon
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Cutting, J., presiding. This was assumpsit on an alleged contract of warranty of the soundness of a horse sold by the defendant to the plaintiff, and for breach thereof. There was evidence tending to show on the part of the plaintiff, that the horse was unsound immediately after the sale, and on the part of the defendant, that the horse was sound up to the time of the sale.
Read the full summary
On Exceptions from Nisi Prius, Cutting, J., presiding. This was assumpsit on an alleged contract of warranty of the soundness of a horse sold by the defendant to the plaintiff, and for breach thereof. There was evidence tending to show on the part of the plaintiff, that the horse was unsound immediately after the sale, and on the part of the defendant, that the horse was sound up to the time of the sale. The only evidence of the warranty was derived from the admissions of the parties subsequently made. One witness, on the part of the plaintiff, testified that the plaintiff, in his hearing,…
1Opinion of the CourtTenney, C. J.
This action is assumpsit upon the alleged warranty of the soundness of a horse, purchased by the plaintiff of the defendant. At the trial, it was a question whether the allegation was satisfactorily proved or not. The evidence consisted of confessions represented by witnesses to have been made by each party after the sale.
The Judge instructed the jury, that if they found the defendant did, at the time of the sale, say to the plaintiff, “ I sell you the horse for a sound horse, but I will not warrant him,” then, as matter of law, there was no warranty.
It was for the jury alone to determine,…
2Cited by3 opinions
- Levine v. ReynoldsSupreme Judicial Court of Maine · 1947
- Prescott v. HayesSupreme Court of New Hampshire · 1862
- Detroit Stove Works v. PerryU.S. Circuit Court for the District of Eastern Michigan · 1879