Legal Opinion

Gates v. Moore

Supreme Court of Vermont

Decided October 15, 1878Published

Assumpsit on a warranty of a horse. The declaration alleged an exchange of a colt and a certain note of the plaintiffs’ for the horse in question, and a promise by the defendant that the horse was safe, kind, and free from faults, and “ would work well in a team in drawing heavy loads,” when the horse was not safe, etc., but vicious, ungovernable, and dangerous, and of no value to the plaintiffs.

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Assumpsit on a warranty of a horse. The declaration alleged an exchange of a colt and a certain note of the plaintiffs’ for the horse in question, and a promise by the defendant that the horse was safe, kind, and free from faults, and “ would work well in a team in drawing heavy loads,” when the horse was not safe, etc., but vicious, ungovernable, and dangerous, and of no value to the plaintiffs. Plea, general issue, and trial by jury, June Term, 1878, Caledonia County, Ross, J., presiding. The evidence introduced on the part of the plaintiffs tended to prove that at some time in the summer…

1Opinion of the Court

The opinion of the court was delivered by

Bedfield,. J.

This action is assumpsit upon a warranty by defendant that a horse purchased of him by the plaintiffs “ would work well in a team in drawing heavy loads,” when in fact the horse did not possess those qualities, and that was then well known to the defendant.

I. The plaintiff bought the horse in question by exchange of a certain colt and a note against one Adams for 42.50. It is not *226claimed that the contract proved by the evidence varied from that alleged in the declaration ; hence it would seem that it was altogether immaterial whether there…

2Cases cited2 opinions

  1. Isaacs v. ElkinsSupreme Court of Vermont · 1839
  2. Wing v. ChapmanSupreme Court of Vermont · 1876

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