Hitchcock v. Hunt
Supreme Court of Connecticut
Assumpsit, for a quantity of pork in barrels sold to the defendant. The defendant pleaded the general issue, with notice that he should show on the trial that the barrels, which were sold with the pork, were warranted not to leak, and that they prove to be leaky, and that considerable part of the pork was lost-in consequence, and that he should claim damages for [ *344 J *the breach of the warranty, to be applied in reduction or extinguishment of the plaintiffs’ demand.
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Assumpsit, for a quantity of pork in barrels sold to the defendant. The defendant pleaded the general issue, with notice that he should show on the trial that the barrels, which were sold with the pork, were warranted not to leak, and that they prove to be leaky, and that considerable part of the pork was lost-in consequence, and that he should claim damages for [ *344 J *the breach of the warranty, to be applied in reduction or extinguishment of the plaintiffs’ demand. The case was referred to an auditor, who found the defendant indebted in the sum of $380.44—the amount of the plaintiffs’…
1Opinion of the CourtStokrs, C. J.
We do not think it necessary to determine whether the warranty in this case is confined to the condition or quality of the barrels when they were .sold to the defendant, or extends to their condition at a subsequent time; because, in either of these cases, we are of the opinion that, on the finding of the auditor, there was a breach of the warranty, and that he adopted the correct rule of damages. He allowed to the plaintiffs the price agreed on for the property, deducting the expense of putting it in as good a condition as it was warranted to be. If the defendant had paid for the property,…
2Cases cited1 opinion
- McAlpin v. LeeSupreme Court of Connecticut · 1837
3Cited by17 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- American Oil Pump & Tank Co. v. FoustOregon Supreme Court · 1929
- Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
- Missouri Bag Co. v. Chemical Delinting Co.Mississippi Supreme Court · 1952
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