In re Ward's Estate
Supreme Court of Minnesota
Appeal by William Willford, Executor of the will of John Ward, deceased, from an order of the District Court of Fillmore County, John Whytock, J., made February 16, 1894, denying his motion for a new trial.
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Appeal by William Willford, Executor of the will of John Ward, deceased, from an order of the District Court of Fillmore County, John Whytock, J., made February 16, 1894, denying his motion for a new trial. On December 22, 1888, John Ward, deceased, sold and delivered to claimant, Lawrence Lynch of Houston County, an imported English Shire stallion called Brown George for $1,500. Ward agreed that in case the horse proved barren with careful handling in two seasons trial he would furnish Lynch another imported or pure bred stallion of equal value on return to him of Brown George in good health…
1Opinion of the CourtMitchell, J.
The plaintiff contends that his recovery in the court below can be sustained on the ground that this was an action for damages for breach of warranty. It is undoubtedly true that where there is a warranty a right of action for its breach may exist, al*380though the vendor had expressly agreed to take back the property-in case it did not correspond with the warranty, the right of the-buyer to return being merely a cumulative remedy. But the trouble-with plaintiff’s position is that he has not alleged any warranty. The-allegations of the complaint are me. ely that he bought the stallion, “upon the…
2Cases cited1 opinion
- Bank of Commerce v. SmithSupreme Court of Minnesota · 1894
3Cited by2 opinions
- Bank of Commerce v. SmithSupreme Court of Minnesota · 1894
- In re LandisDistrict Court, E.D. Pennsylvania · 1907