Best v. Flint
Supreme Court of Vermont
Assumpsit. Plea, general issue. Trial by court, March Term, 1886, Powers, J., presiding. Judgment for the plaintiff. There was an implied warranty. Smith v. Richards, 13 Pet. 26; McFerran v. Taylor, 3 Cranch, 281. The defendants could recoup the damages.
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Assumpsit. Plea, general issue. Trial by court, March Term, 1886, Powers, J., presiding. Judgment for the plaintiff. There was an implied warranty. Smith v. Richards, 13 Pet. 26; McFerran v. Taylor, 3 Cranch, 281. The defendants could recoup the damages. Withers v. Green, 9 How. 213; Gautier v. Douglas Axe Co. 13 Hun, 514; Smith v. Mayer, 3 Col. 207; Lilley v. Randall, 3 Col. 298; Carey v. Guillow, 105 Mass. 18; Wentworth v. Dows, 117 Mass. 14; Bradley v. Rea, 14 Allen, 20; Mayer v. Dtuinell, 29 Yt. 298. It was not necessary to return or offer to return the property. 100 Mass. 432; 12 Wis.…
1Opinion of the Court
The opinion of the court was delivered by
Walker, J.
The plaintiff contends that the doctrine of caveat emptor is applicable to the sale disclosed by this case, and that when the defendants ascertained at Randolph, to which place the car had been shipped, that the hogs furnished by the plaintiff were not marketable and such as they had contracted with him for, it was their duty either' to have returned the hogs to the plaintiff, or have offered to return them, with notice of their rejection of the same, to enable them to recover damages or to make any defence on account of the inferior quality…
2Cases cited2 opinions
- Beals v. OlmsteadSupreme Court of Vermont · 1852
- West v. CuttingSupreme Court of Vermont · 1847
3Cited by10 opinions
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- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
- English v. Spokane Com. Co.Court of Appeals for the Ninth Circuit · 1893
- Coyle and Smith v. BaumSupreme Court of Oklahoma · 1895
- Northwestern Cordage Co. v. RiceNorth Dakota Supreme Court · 1896
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