Gilchrist v. Hilliard
Supreme Court of Vermont
This was an action'on the case for false warranty in the sale of a lot of accounts. Trial by the court, on the general issue. June Term,.1880, Ross, J., presiding.
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This was an action'on the case for false warranty in the sale of a lot of accounts. Trial by the court, on the general issue. June Term,.1880, Ross, J., presiding. It appeared in evidence that the defendant owned a stallion at Barnet during a portion of the season of 1876, and that one William C. Gleason of said Barnet, of whom he purchased the horse that spring, had charge of said horse for the defendant, and was his agent for the purpose of making trades for the use of said stallion for mares, the defendant residing at Canaan, Vt., and not having any charge of said stallion while he was…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The accounts that the defendant sold and assigned to the plaintiff were, for all but $15, worthless at the time of the sale ; not on account of the insolvency of the parties that they were represented to be against, but for the reason that the defendant had no valid accounts against the persons whose names appeared as his debtors upon the list of .accounts assigned.
*596In Long on Sales, 204, it is said that there is an implied warranty in every sale that the thing sold is that for which it was sold, or answers substantially to that description or…
2Cases cited2 opinions
- Bank of St. Albans v. Farmers & Mechanics BankSupreme Court of Vermont · 1838
- Thrall v. NewellSupreme Court of Vermont · 1847
3Cited by4 opinions
- Kennedy v. HudsonSupreme Court of Alabama · 1931
- Kingsley v. Fitts & AverySupreme Court of Vermont · 1883
- Bank of Commerce v. RuffinMissouri Court of Appeals · 1915
- Miller v. StebbinsSupreme Court of Vermont · 1905