Chadsey v. Greene
Supreme Court of Connecticut
This was an action on the case, brought by Euclid Chadsey against Joel T. Greene., The declaration contained two counts; one for a breach of warranty, and the other for a fraud in the sale of a horse. The defendant pleaded first, the general issue.
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This was an action on the case, brought by Euclid Chadsey against Joel T. Greene., The declaration contained two counts; one for a breach of warranty, and the other for a fraud in the sale of a horse. The defendant pleaded first, the general issue. Secondly, that the contract of warranty, referred to in the first count of the plaintiffs declaration, was as follows, viz: “ Euclid Chadsey bought of Joel T. Greene, one bay horse, seven years old, warranted sound, blanket and halter included, $320. Received payment in full, Joel T. Greene, Hartford, July 6,1853,” and was not other, or different.…
1Opinion of the CourtHinman, J.
The action was for a false warranty, with a count for fraud, in the sale of a horse. It was therefore competent for the plaintiff to introduce any evidence, calculated to sustain either claim. The defendant, having made strong representations in regard to the’good qualities of the horse, that he had been to New York for the purpose of buying him for his private use, and, after a thorough trial, was satisfied that he was sound and safe for any purpose, and just such a horse as he wanted to keep, that he had bought him for three hundred dollars, to induce the plaintiff to purchase him, assured…
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