Watson v. Roode
Nebraska Supreme Court
Error to the district court for Gage county. Tried below before Morris,, J. A contract not alleged to be written will be presumed to be verbal. (Carr v. Hays, 110 Ind., 408; Burrow v. Terre Haute, ete., Co., 107 Id., 432; Langford v. Freeman, 60 Id., 46; Goodrich v. Johnson, 66 Id., 258; Borrington v. Meyer, 8 Neb., 215; B. & M.B. Co. v. Kearney County, 17 Id., 511, and cases cited.) A written warranty does not extend to defects Avhich are visible or known to the vendee.
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Error to the district court for Gage county. Tried below before Morris,, J. A contract not alleged to be written will be presumed to be verbal. (Carr v. Hays, 110 Ind., 408; Burrow v. Terre Haute, ete., Co., 107 Id., 432; Langford v. Freeman, 60 Id., 46; Goodrich v. Johnson, 66 Id., 258; Borrington v. Meyer, 8 Neb., 215; B. & M.B. Co. v. Kearney County, 17 Id., 511, and cases cited.) A written warranty does not extend to defects Avhich are visible or known to the vendee. (Long v. Hides, 2 Humph. [Tenn.], 395 [41 Am. Dec., 214]; Benjamin, Sales, 616.) As to the extent of warranties in cases…
1Opinion of the CourtNorval, J.
This action was commenced by Orange A. Roode to recover damages for an alleged breach of warranty given by Joseph "Watson on the sale by him to Roode of a stallion. The amended petition alleges “that on the 18th day of November, 1884, the defendant, as an inducement to plaintiff to purchase from him a certain imported black stallion called “Knight of the Shires,” for the sum of $2,000, warranted the said horse to be a foal-getter, and sound in every respect except an enlargement of said horse’s bag, which was caused by a kick, and represented the said horse as being then and there sound; that…
2Cases cited5 opinions
- Morehouse v. ComstockWisconsin Supreme Court · 1877
- Pinney v. AndrusSupreme Court of Vermont · 1869
- First National Bank v. GrindstaffIndiana Supreme Court · 1873
- Little v. WoodworthNebraska Supreme Court · 1879
- Tuttle v. HanneganNew York Court of Common Pleas · 1871
3Cited by13 opinions
- Bradley v. HullanderSupreme Court of South Carolina · 1978
- Seale v. SchultzCourt of Appeals of Texas · 1927
- Sylvester v. Carpenter Paper Co.Nebraska Supreme Court · 1898
- Barber v. StateNebraska Supreme Court · 1906
- Argabright v. StateNebraska Supreme Court · 1896
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