Culver v. Blake
Court of Appeals of Kentucky
Appeal from the Greenup Circuit. Assumpsit. Case 114. The case stated. In an action of assumpsit for the price of chattels, iron and nails, sold at a fixed price with warranty of quality, it is competent fonthe.defendanf to prove, to reduce the damages, that .(he,articles iw.ete (Q.f inferior duality, and.not such as they «sere warranted ito ibe.
1Opinion of the Court
Judge Bkeck
delivered the opinion of the Court.
The appellees brought this action of assumpsit against Culver, for a balance claimed by them upon a lot of iron and nails sold him.
A verdict and judgment having been rendered for the plaintiffs, upon the plea of non assumpsit, the defendant has appealed to this Court.
The testimony conduced to prove the sale of a lot of iron and nails, by the plaintiffs to the defendant at a fixed price, and with a warranty by the former, as to the quality, and that the articles were of an inferior quality, and not such as they were warranted to be. After the…
2Cited by3 opinions
- Miller v. GaitherCourt of Appeals of Kentucky · 1867
- Schweickhart v. StueweWisconsin Supreme Court · 1888
- Piper v. MenifeeCourt of Appeals of Kentucky · 1851