Hill v. North
Supreme Court of Vermont
Action on the case for the breach of a written warranty in the sale of a horse. Plea, the general issue and trial by jury, June term, 1860, Addison County, Pierpoint, J., presiding.
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Action on the case for the breach of a written warranty in the sale of a horse. Plea, the general issue and trial by jury, June term, 1860, Addison County, Pierpoint, J., presiding. On trial the plaintiff gave in evidence a written instrument, signed by the defendant, of which the following is a copy: “ Bridport, Vermont, May 21, 1857. Noble H. Hill, Boston, Mass., Bo’t of E. A. North, Champlain, New York, A Black Plawk Stallion, called uRip Van WinMe,” which will be five years old July 18, 1857, and which I warrant sound and kind in every respect, for $2750.00. Received twenty-seven hundred…
1Opinion of the Court
Poland, Ch. J.
We have not been furnished with a copy of the plaintiff’s declaration, but it is agreed that it is in the usual form in case for a false warranty, under which the plaintiff might recover by proving either a deceit, or an express warranty, and a breach of it. It is apparent from the exceptions, that the plaintiff at the trial sought to establish his case wholly upon the latter ground, and in that respect, his case was to be made out in the same manner precisely as if his action had been assumpsit on the contract of warranty. The plaintiff proved a general warranty of soundness of…
2Cases cited1 opinion
- Ross v. Bank of BurlingtonSupreme Court of Vermont · 1825
3Cited by14 opinions
- State v. RecorSupreme Court of Vermont · 1988
- Alford v. StateSupreme Court of Florida · 1904
- Weeks v. Town of LyndonSupreme Court of Vermont · 1881
- Jaqueth v. Town of Guilford School DistrictSupreme Court of Vermont · 1963
- Wheeler v. CampbellSupreme Court of Vermont · 1895
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