Legal Opinion

Baker v. Robbins

Washington Supreme Court

Decided January 16, 1909No. 7524PublishedCited by 10 opinions

Appeal from a judgment of the superior court for Snohomish county, Black, J., entered January 4, 1908, upon the verdict of a jury rendered in favor of the plaintiff, in an action on contract.

1Opinion of the CourtRudkin, C. J.

— This action was instituted to recover the purchase price of a horse, after a rescission of the contract of sale for breach of warranty. From a judgment in favor of the plaintiff, the defendants have appealed.

But two errors are assigned; viz., error in overruling a motion for nonsuit, and error in overruling a motion for new trial. Under these assignments the appellants contend: (1) *468That an executed contract of sale cannot be rescinded, in the absence of fraud, for a mere breach of warranty; (2) that no sufficient tender was made to effect a rescission; and, (3) that the right of rescission…

2Cited by10 opinions

  1. Commonwealth v. BloodMassachusetts Supreme Judicial Court · 1987
  2. Commonwealth v. AngiuloMassachusetts Supreme Judicial Court · 1993
  3. Commonwealth v. BoyarskyMassachusetts Supreme Judicial Court · 2008
  4. Commonwealth v. EnnisMassachusetts Supreme Judicial Court · 2003
  5. Sussman v. Mitsui & Co.Washington Supreme Court · 1921

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