Legal Opinion

Pinney v. Andrus

Supreme Court of Vermont

Decided January 15, 1869PublishedCited by 13 opinions

Action for false warranty of certain sheep. Plea, the general issue. Trial by jury, at the June term, 1867, Piebpoint, C. J., presiding.

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Action for false warranty of certain sheep. Plea, the general issue. Trial by jury, at the June term, 1867, Piebpoint, C. J., presiding. Verdict for the plaintiff, $1,500. On the trial the plaintiff testified in substance that, on the 8th or 9th of December, he went to the defendant’s house and saw the sheep, and examined them to some extent as to their wool, but not their feet, as he was lame and could not handle the sheep; that he asked the defendant if they were free from footrot, who replied that they were, and that he would warrant them so, that he never had the footrot on his fa^m, and…

1Opinion of the Court

The opinion-of the court was delivered by

WilsoN, J.

This is an action on the case, declaring in several counts for false warranty of certain sheep. The first question presented is whether the plaintiff, at the time of the trade, had such knowledge of the unsoundness complained of as to render an express warranty inoperative. The case shows that the parties, on the first day, settled the terms of a valid executory agreement; and the plaintiff’s testimony tends to prove that, as part of that agreement, the defendant warranted the sheep sound and free from footrot, and that the plaintiff entered…

2Cases cited5 opinions

  1. Vail v. StrongSupreme Court of Vermont · 1838
  2. Hitchcock v. HuntSupreme Court of Connecticut · 1859
  3. Beeman v. BuckSupreme Court of Vermont · 1830
  4. Chadsey v. GreeneSupreme Court of Connecticut · 1856
  5. Goodenough v. SnowSupreme Court of Vermont · 1855

3Cited by13 opinions

  1. Roll v. DockerySupreme Court of Alabama · 1929
  2. Caldbeck v. SimantonSupreme Court of Vermont · 1909
  3. Watson v. RoodeNebraska Supreme Court · 1890
  4. In re Wells' WillSupreme Court of Vermont · 1921
  5. Larson v. CalderNorth Dakota Supreme Court · 1907

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