Sharon v. Mosher
New York Supreme Court
This was an action to recover damages for the false and fraudulent representations made by the defendant, in the sale of a horse to the plaintiff. The plaintiff proved on the trial that he purchased a mare of the defendant, giving in exchange therefor a yoke of oxen and a silver lever watch valued at $80 ; that the defendant then and there represented, as an inducement to the trade, that the mare was perfectly gentle and kind; which representation he knew to be false.
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This was an action to recover damages for the false and fraudulent representations made by the defendant, in the sale of a horse to the plaintiff. The plaintiff proved on the trial that he purchased a mare of the defendant, giving in exchange therefor a yoke of oxen and a silver lever watch valued at $80 ; that the defendant then and there represented, as an inducement to the trade, that the mare was perfectly gentle and kind; which representation he knew to be false. The plaintiff also proved that in two days after the trade he attempted to drive the mare before a buggy, when, without any…
1Opinion of the Court
By the Court, Hubbard, J.
This is an action to recover damages for deceit in the sale of a horse. The only question to be determined is as to the measure of damages allowable upon the facts presented in the bill of exceptions. The rule adopted on the trial, limited the recovery to the difference in value, between the mare as represented and her actual value. This is the well settled rule in case of a breach of contract of warranty, (Cary v. Gruman, 4 Hill, 625 ;) and also in a case of a simple legal wrong, committed without circumstances of fraud or wilfullness. (Walrath v. Redfield, 11 Barb.…
2Cases cited6 opinions
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Blanchard v. ElyNew York Supreme Court · 1839
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Guille v. SwanNew York Supreme Court · 1822
- Dewint v. WiltseNew York Supreme Court · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Booher v. GoldsboroughIndiana Supreme Court · 1873
- McAroy v. WrightIndiana Supreme Court · 1865
- Williams v. BlackSouth Dakota Supreme Court · 1910
- Allen v. TruesdellMassachusetts Supreme Judicial Court · 1883
- Estell v. MyersMississippi Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.