Webster v. Hodgkins
Superior Court of New Hampshire
The first count in the declaration alleged that the plaintiffs “ bargained with the defendant to buy of him a certain bay stud horse for the price of $525, and the defendant, by falsely and fraudulently-warranting said horse to be sound, then and there sold said horse to the plaintiffs for the price aforesaid; whereas the said horse was then and ever since has been unsound and worthless; whereby the plaintiffs were deceived and defrauded.”
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The first count in the declaration alleged that the plaintiffs “ bargained with the defendant to buy of him a certain bay stud horse for the price of $525, and the defendant, by falsely and fraudulently-warranting said horse to be sound, then and there sold said horse to the plaintiffs for the price aforesaid; whereas the said horse was then and ever since has been unsound and worthless; whereby the plaintiffs were deceived and defrauded.” The second count stated a similar consideration, and a restricted fraudulent warranty. W. E. Chase, called by the plaintiffs, testified that, July 6, 1848,…
1Opinion of the CourtBell, J.
The first question in this case relates to the supposed variance. The allegation is that the plaintiffs bargained with the defendant to buy of him a certain bay stud horse for the price of five hundred twenty-five dollars, and the defendant, by falsely warranting the horse to be sound, sold him to the plaintiffs for that sum.
The evidence is, that the plaintiffs bought of the defendants a bay stud horse for five hundred twenty-five dollars, and paid him two horses at one hundred dollars each, and notes for three hundred twenty-five dollars ; and that it was part of the bargain that the…
2Cases cited10 opinions
- Barney v. DeweyNew York Supreme Court · 1816
- Porter v. TalcottNew York Supreme Court · 1823
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
- Gardere v. Columbian InsuranceNew York Supreme Court · 1811
- Allen v. GoffSupreme Court of Vermont · 1841
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