Lane v. Lantz
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. The facts of the case are sufficiently set forth in the opinion of the Court.
Read the full summary
Appeal from the Circuit Court for Washington County. The facts of the case are sufficiently set forth in the opinion of the Court. Exception: The plaintiff offered the following prayer : If the jury shall find from the evidence that Lantz, the plaintiff, purchased of Samuel Horine, the intestate of the defendant, the mare mentioned in the declaration, and that at the time of the said purchase the said Horine warranted the said mare to he sound; and they shall further find, that at the time of said purchase and sale, the mare was unsound, and that she died in the hands of Lantz of such…
1Opinion of the CourtBabtol, J.
The appellee purchased from the appellant’s intestate a mare warranted to be sound, and paid the price agreed on ; at the time of the sale the mare was unsound, being affected with lung fever, of which disease she died six or seven days thereafter. This suit was brought for a breach of the warranty. At the trial, the Circuit Court instructed ■the jury, that if they found the sale and the warranty, and that at the time of the purchase the mare was unsound, and died in the appellee’s hands, in consequence of such unsoundness, and that the price was paid, then the appellee was entitled to…
2Cases cited1 opinion
- Franklin & Armfield v. LongCourt of Appeals of Maryland · 1836
3Cited by3 opinions
- Central Trust Co. v. Arctic Ice Machine Manufacturing Co.Court of Appeals of Maryland · 1893
- Horn v. BuckCourt of Appeals of Maryland · 1878
- International Motor Co. v. OldfieldCourt of Appeals of Maryland · 1919