Legal Opinion

Gilmore v. Wingate

Arizona Supreme Court

Decided June 25, 1920No. Civil No. 1755PublishedCited by 3 opinions

APPEAL from a judgment of tlie Superior Court of the County of Maricopa. F. H. Lyman, Judge.

1Opinion of the Court

LOCKWOOD, Superior Judge.

This was an action by Claude Wingate against Harry A. Gilmore for the sum of $7,428 as damages for the alleged breach of an express warranty of the soundness of certain cattle sold by the defendant to plaintiff October 15, 1917. Plaintiff alleged that he bought a herd of dairy cows from .defendant, under an express oral warranty that they were free from a disease known as contagious abortion; that said warranty was untrue, and by reason of the cattle being afflicted with such contagious abortion they were of inferior value of themselves, lost their calves, and by…

2Cases cited14 opinions

  1. Grafton v. CummingsSupreme Court of the United States · 1879
  2. Thompson v. LibbySupreme Court of Minnesota · 1885
  3. Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
  4. Joy v. BitzerSupreme Court of Iowa · 1889
  5. Murphy v. McGrawMichigan Supreme Court · 1889

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3Cited by3 opinions

  1. Rosenburg v. Capital Cut Stone & Granite Co.Arizona Supreme Court · 1925
  2. Best Western International Incorporated v. Ghotra IncorporatedDistrict Court, D. Arizona · 2021
  3. Henrie v. SinghArizona Supreme Court · 1953

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