Legal Opinion

Carter v. Black

Supreme Court of Missouri

Decided August 15, 1870PublishedCited by 16 opinions

Error to Fourth District Court. This is an action for deceit, and not an action on the breach of warranty. (1 Smith’s Lead. Cas. -207, note 211, and cases collected; Hill. Sales, 287, § 35 and notes ; 1 Wheat. Selw. 482 ; 1 Bac. Abr. 11.)

1Opinion of the CourtWagner, Judge

This suit was instituted by the plaintiffs to recover damages from defendant for a breach of warranty, and for fraud practiced upon them in the sale of two horses. The petition alleged that the defendant represented the horses to be sound and free from disease, and that upon that representation they relied, and by reason thereof they were induced to purchase. The answer was a denial; judgment for plaintiff. The only ground insisted on for a reversal is that the court below treated the action as arising on a warranty, when the petition shows that it was a case of deceit.

Prof. Parsons, in…

2Cited by16 opinions

  1. Judd v. WalkerSupreme Court of Missouri · 1908
  2. Judd v. WalkerMissouri Court of Appeals · 1905
  3. Barker v. ScudderSupreme Court of Missouri · 1874
  4. Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
  5. Young v. VannattaMissouri Court of Appeals · 1905

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