Harrington v. Worden
Michigan Supreme Court
Error to Oakland Circuit Court. Worden sued Harrington in the circuit court on a warranty of a span of mares. The declaration stated, that in consideration Worden would, at the special instance and request of Harrington, buy of him a certain span of mares, Harrington undertook and promised that the mares were sound, except in one fore foot, &c., and that Worden, confiding in the promise, bought the mares, and gave in exchange therefor one yoke of cattle of the value of $80,…
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Error to Oakland Circuit Court. Worden sued Harrington in the circuit court on a warranty of a span of mares. The declaration stated, that in consideration Worden would, at the special instance and request of Harrington, buy of him a certain span of mares, Harrington undertook and promised that the mares were sound, except in one fore foot, &c., and that Worden, confiding in the promise, bought the mares, and gave in exchange therefor one yoke of cattle of the value of $80, and a note for $20, &e. Defendant plead the general issue. On the trial the plaintiff proved a breach of the warranty,…
1Opinion of the Court
By the court,
Wistg, J7
The note proved to have been delivered to defendant was a ten dollar note. It is urged, the averment of the oxen and the note being given in exchange, is an immaterial averment. The test of the truth of this position, is, whether the action can be sustained without it. If we strike this out, there remains no consideration stated on the record for defendant’s undertaking, and the declaration would be bad, as no binding contract would be stated. It is said, the consideration stated that the plaintiff at the special instance and request of the defendant, would buy the…
2Cited by1 opinion
- Long v. SinclairMichigan Supreme Court · 1878