Farnham v. Chapman
Supreme Court of Vermont
Assumpsit for breach of warranty in the sale of a horse. Plea, general issue. Trial by jury, June Term, 1887, Rowell, J., presiding.' The court ruled for the purpose of testing the question that the defendant did convey a valid title to the horse to the plaintiff, as against Hope ; that the plaintiff could not recover on his own offer; and directed a verdict for the defendant. The principal question is whether the defendant could pass a valid title to the horse.
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Assumpsit for breach of warranty in the sale of a horse. Plea, general issue. Trial by jury, June Term, 1887, Rowell, J., presiding.' The court ruled for the purpose of testing the question that the defendant did convey a valid title to the horse to the plaintiff, as against Hope ; that the plaintiff could not recover on his own offer; and directed a verdict for the defendant. The principal question is whether the defendant could pass a valid title to the horse. The title, as well as the damages, may be tried in an action of replevin. Fish v.. Wallace, 51 Yt. 418. In Oollavier v. Page, 35 Yt.…
1Opinion of the Court
Opinion of the court was delivered by
Ross, J.
The action of replevin, in this State, is given and regulated by statute. It is applicable to beasts distrained, to goods attached, and to other goods. The requisites of the bond to be given and the form and effect of the judgment in each case aré prescribed by statute. Being thus given and limited by statute, little aid can be derived from the decisions of courts in other jurisdictions, unless it is first shown, that they were rendered upon statutes of similar substance and effect. In the case of beasts distrained there is no provision by which a…
2Cases cited3 opinions
- Collamer v. PageSupreme Court of Vermont · 1862
- Fisk v. WallaceSupreme Court of Vermont · 1879
- H. K. Thurber & Co. v. Town of RichmondSupreme Court of Vermont · 1874