Watson v. Roode
Nebraska Supreme Court
Error from the district court of Gage county. Tried below before Broady, J. The opinion contains a statement of the case. There is no warranty of soundness in the instrument sued on. When a party sells a horse and warrants as to particular defects, his warranty is confined to those defects.
Read the full summary
Error from the district court of Gage county. Tried below before Broady, J. The opinion contains a statement of the case. There is no warranty of soundness in the instrument sued on. When a party sells a horse and warrants as to particular defects, his warranty is confined to those defects. (Richardson v. Brown, 1 Bing. [Eng.], 344; Budd v. Fairmauer, 8 Bing. [Eng.], 48, and cases cited; Anthony v. Halstead, 37 L. T., n. s. [Eng.], 333; Benjamin, Sales [ed. 1889], sec. 935.) The taking of notes by the juror was error. (Cheek v. State, 35 Ind., 492; Eden v. Lingenfelter, 39 Ind., 19; Lotz v.…
1Opinion of the CourtHarrison, J.
In an action which defendant in error had commenced1 in the district court of Gage county there was filed in his; *351behalf February 3, 1887, an amended petition, which was-in words and figures as follows:
“1. The plaintiff complains of the defendant for that on the 18th day of November, 1884,the defendant, as an inducement to plaintiff to purchase from him, said defendant, a certain imported black stallion called Knight of the Shires, for the sum of $2,000, said defendant warranted the said horse-to be a foal getter and sound in every respect, except an enlargement of said horse’s bag, which was…
2Cases cited3 opinions
- McCorkell v. KarhoffSupreme Court of Iowa · 1894
- Watson v. RoodeNebraska Supreme Court · 1890
- Koerper v. JungAppellate Court of Illinois · 1889