Jones v. Ross
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Tried before Hon. JohN B. Tally. This was an action brought by the appellee, W. A. Boss, to recover of the appellant, L. G-. Jones, damages alleged to have been suffered by a breach of a warranty, and for deceit of the defendant, in selling to plaintiff a horse as a hind, gentle work horse, but which, upon being hitched to plaintiff’s buggy, became unruly and ran away, breaking the buggy and throwing plaintiff to the ground.
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Appeal from Etowah Circuit Court. Tried before Hon. JohN B. Tally. This was an action brought by the appellee, W. A. Boss, to recover of the appellant, L. G-. Jones, damages alleged to have been suffered by a breach of a warranty, and for deceit of the defendant, in selling to plaintiff a horse as a hind, gentle work horse, but which, upon being hitched to plaintiff’s buggy, became unruly and ran away, breaking the buggy and throwing plaintiff to the ground. The complaint further averred that the defendant knew that said horse was vicious and unsafe, and falsely and intentionally represented…
1Opinion of the CourtColeman, J.
The plaintiff, Boss, sued appellant, Jones, to recover damages for a breach of warranty and deceit, in tbe sale of a horse. Tbe damages claimed are based upon personal injuries, and destruction of buggy and harness, sustained by plaintiff, caused by tbe running away of tbe horse on tbe day and soon after tbe purchase.
There is but one count in tbis complaint, and to tbis tbe defendant interposed a demurrer. Tbe complaint avers that “defendant sold to plaintiff a horse, which defendant falsely represented to be gentle, and to work kind and gentle anywhere.” After stating tbe fact that plaintiff…
2Cases cited3 opinions
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
3Cited by3 opinions
- Kilby Locomotive & Mach. Works v. Lacey & SonAlabama Court of Appeals · 1915
- Roddam v. BrownSupreme Court of Alabama · 1917
- Tyler v. MoodyCourt of Appeals of Kentucky · 1901