Aherin v. O'Brien
New York Supreme Court
Appeal from Onondaga county court. • Action by Patrick Aherin against John J. O’Brien for breach of warranty on the sale of a horse. Judgment for plaintiff in the justice court, where the action was brought, was affirmed by the county court, and defendant appeals.
1Opinion of the CourtMartin, J.
The action was for breach of warranty on the sale of a horse. The only representation of fact relied upon by the plaintiff was> “that the horse was five years old, would go good single or double, and was a good worker.” That the horse was not a good worker was the only breach of warranty proved. The plaintiff was entitled to recover the difference between the value of the horse if he had been a good worker and his value as he was in that respect. In other words, he was entitled to recover only for such defects as affected the value of the horse as a good worker, and only to the extent that…
2Cases cited2 opinions
- O'Brien v. . JonesNew York Court of Appeals · 1883
- Fales v. McKeonNew York Court of Common Pleas · 1858