Jones v. Armstrong
Montana Supreme Court
Appeal from District Court, Teton County; H. ZT. Ewing, Judge. Action by Evan D. Jones against Bart Armstrong. From a judgment for plaintiff and an order denying defendant a new trial, the latter appeals. Cause submitted on briefs of counsel. The purchaser- may rescind a contract of sale and return the article when there is a breach of an express warranty, although there was no agreement to that effect and no fraud. (Bryant v. IsburgK, 13 Gray (Mass.), 607, 74 Am.
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Appeal from District Court, Teton County; H. ZT. Ewing, Judge. Action by Evan D. Jones against Bart Armstrong. From a judgment for plaintiff and an order denying defendant a new trial, the latter appeals. Cause submitted on briefs of counsel. The purchaser- may rescind a contract of sale and return the article when there is a breach of an express warranty, although there was no agreement to that effect and no fraud. (Bryant v. IsburgK, 13 Gray (Mass.), 607, 74 Am. Dec. 655, and note.) The purchaser’s knowledge of the existence of a defect does not exempt the seller from liability upon his…
1Opinion of the CourtJustice Sanner
Action by Evan D.-Jones against Bart Armstrong, upon a promissory note given by the latter to the former for the sum of $800, with interest at eight per cent per annum. The answer consists of denials and “a further and separate defense” wherein it is alleged that said note was given in payment of an Emerson plow purchased of Jones by Armstrong for sod-breaking; that Jones, who knew of the purpose for which the plow was desired, warranted and represented the same to be capable of first-class work in that respect; that these representa*172tions were untrue, and were known to Jones to be untrue;…
2Cases cited5 opinions
- Ramming v. CaldwellAppellate Court of Illinois · 1892
- Joy v. National Exchange BankCourt of Appeals of Texas · 1903
- Berlin Machine Works v. Midland Coal & Lumber Co.Montana Supreme Court · 1912
- Worth v. McConnellMichigan Supreme Court · 1880
- Cogel v. KniseleyIllinois Supreme Court · 1878
3Cited by1 opinion
- Woodahl v. MatthewsMontana Supreme Court · 1982