Croom v. Swann
Supreme Court of Florida
Appeal from the late Superior Court of the Territory of Florida, for Leon county. His Honor, Judge Baltzell, having been counsel for appellant, in the Court below, did not sit in this case. John Oliver, in his life-time, as agent of appellant, sold to one John Shaw a horse. Shaw afterwards sued appellee as administrator of Oliver, in an action for a false warranty, and recovered a judgment against him.
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Appeal from the late Superior Court of the Territory of Florida, for Leon county. His Honor, Judge Baltzell, having been counsel for appellant, in the Court below, did not sit in this case. John Oliver, in his life-time, as agent of appellant, sold to one John Shaw a horse. Shaw afterwards sued appellee as administrator of Oliver, in an action for a false warranty, and recovered a judgment against him. It was to recover from appellant, the owner of the horse sold, the amount paid by him, as administrator of Oliver, on this judgment, that this action was brought. Appellee filed his declaration…
1Opinion of the Court
Hawkins, Justice:
This was an action of assumpsit brought to recover the amount of a judgment recovered against Swann by John Shaw, in an action of false warranty on a horse sold by John Oliver, in his life time to Shaw, said horse having been sold by Oliver as the agent of Croom, the appellant.
It would appear by the record that Croom authorised Oliver to sell the horse, but there is no testimony to show that he authorised Oliver to warrant him as to soundness. The price of the horse was one hundred and fifty dollars, and Robert L. Harrison, one of the witnesses, testifies that he heard Croom…
2Cited by5 opinions
- Bobby Jones Garden Apartments, Inc. v. F. R. SuleskiCourt of Appeals for the Fifth Circuit · 1968
- Smith v. Platt Motors, Inc.District Court of Appeal of Florida · 1962
- Dixon Lumber Co. v. JenningsSupreme Court of Florida · 1912
- Mickler v. Maranatha Realty Assoc., Inc. (In Re Mickler)United States Bankruptcy Court, M.D. Florida · 1985
- American Investment Bank, N.A. v. Hosking (In Re Hosking)United States Bankruptcy Court, S.D. Florida. · 1988