Putnam v. McDonald
Supreme Court of Vermont
Case for false warranty in the sale of a bicycle. Plea, general issue. Windsor County, May Term, 1898, Ross, C. J. presiding. Trial by jury. Yerdict directed for the defendant. Judgment on verdict. Plaintiff excepted. The plaintiff purchased of the defendant a bicycle and took from him at the time of the sale the following written instrument : “Terms Cash.
Read the full summary
Case for false warranty in the sale of a bicycle. Plea, general issue. Windsor County, May Term, 1898, Ross, C. J. presiding. Trial by jury. Yerdict directed for the defendant. Judgment on verdict. Plaintiff excepted. The plaintiff purchased of the defendant a bicycle and took from him at the time of the sale the following written instrument : “Terms Cash. Ludlow, Yt., July 27, 1896. Mr. E. P. Putnam To T. E. McDonald, Dr. Dealer in Hardware, plumbing, iron,- steel, cordage, cutlery, glass, wooden-ware, paints, oils, doors, sash and blinds. 1 Bicycle $47.50 Paid, July 27, 1896. T. E.…
1Opinion of the Court
Munson J.
It has been repeatedly' declared by this court that the rule which prohibits the introduction of parol evidence •to vary a written contract is applicable to bills of sale in the usual form, and in the first case where the rule was thus applied it was held to exclude proof that the property sold was warranted. Reed v. Wood, 9 Vt. 285. But it is clear that if the writing lacks the requisites of a bill of sale, and amounts only to a receipt, the rule is not applicable, and the warranty may be shown. Rob. Dig. 302, sec. 449; 4 A. & E. Ency. Law, 2nd Ed. 569. So the question for…
2Cases cited5 opinions
- Linsley v. LovelySupreme Court of Vermont · 1853
- Wason v. RoweSupreme Court of Vermont · 1844
- Reed v. WoodSupreme Court of Vermont · 1837
- Edwards v. GoldingSupreme Court of Vermont · 1847
- Sanborn & Catlin v. ChittendenSupreme Court of Vermont · 1855
3Cited by4 opinions
- Hebard v. CutlerSupreme Court of Vermont · 1917
- Hull v. RayCalifornia Court of Appeal · 1926
- Buchanan v. DuganDistrict of Columbia Court of Appeals · 1951
- State v. HeneaultSupreme Court of New Hampshire · 1981