Gilson v. Spear
Supreme Court of Vermont
This is an action ou the case for deceit, or fraudulent concealment of unsoundness in the sale of a horse. The plaintiff, in his declaration, alleged that on the 1st of April, 1863, he purchased of the defendant a horse for the price of one hundred and fifteen dollars, as and for a sound horse, and that the defendant, at the time of the sale, to induce the plaintiff to give this price, affirmed that the horse “ was sound, wind and limb, and free from any defect whatever, but…
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This is an action ou the case for deceit, or fraudulent concealment of unsoundness in the sale of a horse. The plaintiff, in his declaration, alleged that on the 1st of April, 1863, he purchased of the defendant a horse for the price of one hundred and fifteen dollars, as and for a sound horse, and that the defendant, at the time of the sale, to induce the plaintiff to give this price, affirmed that the horse “ was sound, wind and limb, and free from any defect whatever, but refused to warrant the same,” whereas the horse, at that time, in fact was unsound, and then and for a long time before…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The sole question in this case is whether an action on the ease for deceit in the sale of a horse can be sustained against an infant; and, in considering this question, the facts alleged in the plaintiff’s declaration are to be treated as admitted by the demurrer. It is an admitted general principle that an infant is liable in actions ex delicto for positive wrongs and constructive torts or frauds; and it is equally well settled that where the substantial ground of action is contract, a plaintiff cannot, by declaring in tort, render a person…
2Cases cited6 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
- Wilt v. WelshSupreme Court of Pennsylvania · 1837
- West v. MooreSupreme Court of Vermont · 1842
- Morrill v. AdenSupreme Court of Vermont · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rice v. BoyerIndiana Supreme Court · 1886
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- O'Rourke v. John Hancock Mut. Life Ins. Co.Supreme Court of Rhode Island · 1902
- Slayton v. BarryMassachusetts Supreme Judicial Court · 1900
- Conrad v. LaneSupreme Court of Minnesota · 1880
10 more not listed; retrieve them via the Exa API.