West v. Emery
Supreme Court of Vermont
Tbespass on the Case for deceit in the sale of a horse. The declaration was in two counts, and alleged that the defendant falsely warranted the horse to be sound, except a lameness occasioned by being corked, — which was then apparent, — -and that the defendant, at the time of making the warranty,. 1mm that the warranty was false.
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Tbespass on the Case for deceit in the sale of a horse. The declaration was in two counts, and alleged that the defendant falsely warranted the horse to be sound, except a lameness occasioned by being corked, — which was then apparent, — -and that the defendant, at the time of making the warranty,. 1mm that the warranty was false. On the trial the plaintiff’s testimony tended to prove, that, while the negotiation for the exchange of horses, as alleged in the declaration, was pending, the plaintiff asked the defendant if he would warrant his horse to be sound, and that the defendant replied,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in this case is one of variance, that is, whether the plaintiff is entitled to judgment on his two first counts, or only upon the third count. This question is important only, it will be perceived, . in regard to the amount of cost, — the last count having been' filed during the final trial, under a rule that, if the plaintiff “ should only recover upon his new count, he should recover no back costs, and pay costs to that time.” The county court held that the plaintiff was entitled to judgment on the two -first-counts, and…
2Cases cited1 opinion
- Beeman v. BuckSupreme Court of Vermont · 1830
3Cited by8 opinions
- Caldbeck v. SimantonSupreme Court of Vermont · 1909
- Maidment v. FrazierSupreme Court of Vermont · 1916
- Carter v. GlassMichigan Supreme Court · 1880
- Kuhlman v. ShawNebraska Supreme Court · 1912
- Sockman v. KeimNorth Dakota Supreme Court · 1909
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