Vail v. Strong
Supreme Court of Vermont
This- was an action on the case, alleging a false warranty, by defendant, of a certain horse sold by him to plaintiff. The declaration consisted of two counts, one alleging that defendant sold the horse to plaintiff, and the other, that defendant and plaintiff exchanged horses, and that plaintiff paid defendant, as difference between horses, a watch and five dollars in money, and an account he had against defendant-of $2,00. Plea, the general issue, and trial by jury.
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This- was an action on the case, alleging a false warranty, by defendant, of a certain horse sold by him to plaintiff. The declaration consisted of two counts, one alleging that defendant sold the horse to plaintiff, and the other, that defendant and plaintiff exchanged horses, and that plaintiff paid defendant, as difference between horses, a watch and five dollars in money, and an account he had against defendant-of $2,00. Plea, the general issue, and trial by jury. On trial of the case, to the jury, the plaintiff introduced one Henry Silver as a witness, who testified, that in the month of…
1Opinion of the Court
The opinion of the Court was delivered by
Phelps, J.
This is an action of deceit, sounding in tort, but founded on a contract of warranty, in the sale of horses, between the parties. The plaintiff has, in one count at least} set forth the terms of the contract particularly, and alleged a warranty of the horse, as a part of the contract; at the same time, so framing his declaration, as to enable himself to recover for a deceit. Under this declaration the question arises, how far the plaintiff is held to prove the particulars of the contract, and how far such proof must conform to his allegations.
2Cases cited2 opinions
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Cunningham v. KimballMassachusetts Supreme Judicial Court · 1810
3Cited by36 opinions
- Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
- Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Mattocks v. Lyman & ColeSupreme Court of Vermont · 1844
- Az v. ShinsekiCourt of Appeals for the Federal Circuit · 2013
- Slack v. BraggSupreme Court of Vermont · 1910
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