Morrill v. Wallace
Superior Court of New Hampshire
Case, for that the defendants, on the 1st January, 1832,in consideration that the plaintiff promised the defendants to pay them the sum of $42.40, bargained and sold to the plaintiff 848 lbs, of lean pork; and, upon making said bargain and sale, the defendants warranted the pork to be wholesome and free from any taint.
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Case, for that the defendants, on the 1st January, 1832,in consideration that the plaintiff promised the defendants to pay them the sum of $42.40, bargained and sold to the plaintiff 848 lbs, of lean pork; and, upon making said bargain and sale, the defendants warranted the pork to be wholesome and free from any taint. Yet the plaintiff avers that the pork was, at the time of said bargain and sale, tainted and unwholesome, whereby the plaintiff was greatly deceived and defrauded. It appeared that in January, 1832, the defendants and one Robert Wallace were partners in trade, and said Robert…
1Opinion of the CourtParker, J.
There are many cases to be found in the books upon the subject of warranty, and it is not matter of astonishment if all of them cannot well be reconciled.
One of the earlier cases is not remarkable for the sound morality of the law stated in it. It was an action on the case for selling a jewel, affirming it to be a bezoar stone, when in fact it was not. Croke’s Report says: “ All the ‘justices and barons (except Anderson) held that for this ‘ cause” (the want of an averment that he warranted it to be a bezoar stone) “it was error: for the bare affirmation ‘ that it was a bezar stone, without…
2Cases cited5 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Whitney v. SuttonNew York Supreme Court · 1833
- Chapman v. MurchNew York Supreme Court · 1822
- Wintringham v. WintringhamNew York Supreme Court · 1822
3Cited by3 opinions
- Bedell v. StevensSuperior Court of New Hampshire · 1853
- Knowles' PetitionSuperior Court of New Hampshire · 1851
- Mahurin v. HardingSuperior Court of New Hampshire · 1853