Duffee v. Mason
Court for the Trial of Impeachments and Correction of Errors
On error to the C. P. of Onondaga. Mason sued Duffee before a justice,-and declared for a fraud and warranty in the sale of a colt from the latter to the former. The justiee gave judgment for Duffee.
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On error to the C. P. of Onondaga. Mason sued Duffee before a justice,-and declared for a fraud and warranty in the sale of a colt from the latter to the former. The justiee gave judgment for Duffee. Mason appealed to the 0. P., where he proved that while negotiating the purchase of a colt from Duffee, and after the parties had examined it, he (M.) mentioned something about the colt being poor, to Duffee, who said “ there is nothing the matter of the colt; it is well and sound, and will make a fine horse.” The colt -proved -.to .have been ¡diseased .at *tbe .time. .Mason 4 said, after the…
1Opinion of the Court
Curia, per Sutherland, J.
The court below erred in charging the jury, that the words spoken by Duffee amounted to a warranty, although neither of the parties understood them so at the time. The words used may amount to a warranty, or may be matter of opinion merely; and it is for the jury to determine, from all the circumstances of the case, how they were understood and intended by the parties in-this-case.
In Chapman v. Murch, (19 John. 290,) it is ¡said by Spencer, Oh. J., it'is-not necessary, to constitute a warranty, that the word warrant should be used. Any words of equivalent import,…
2Cases cited6 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Swett v. ColgateNew York Supreme Court · 1822
- Chapman v. MurchNew York Supreme Court · 1822
- Bacon v. BrownCourt of Appeals of Kentucky · 1813
- Jackson v. WetherillSupreme Court of Pennsylvania · 1822
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