Bartholomew v. Bushnell
Supreme Court of Connecticut
This was an action on the case. The declaration alleged, that on the 4th day of April 1847, the plaintiff, at the special instance and request of the defendant, bargained with him to buy of him two horses for one grey horse, of the value of 200 dollars, and 195 dollars in cash; and the defendant, by fraudulently and falsely warranting his said two horses to be sound and good, every way, sold his said two horses to the plaintiff for said grey horse and 195 dollars in money,…
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This was an action on the case. The declaration alleged, that on the 4th day of April 1847, the plaintiff, at the special instance and request of the defendant, bargained with him to buy of him two horses for one grey horse, of the value of 200 dollars, and 195 dollars in cash; and the defendant, by fraudulently and falsely warranting his said two horses to be sound and good, every way, sold his said two horses to the plaintiff for said grey horse and 195 dollars in money, delivered and paid to the defendant, by the plaintiff for the same; whereas in truth, said two horses, at the time of…
1Opinion of the Court
J. This
is an action founded upon a warranty, as to the soundness of a pair of horses, sold by the defendant to the plaintiff. The declaration is in tort, in the usual form, except that it contains an averment that the defendant knew Litchfield, *275the horses to be unsound, which has generally been omitted, as unnecessary especially since the decision in the case of Williamson v. Allison, 2 East's R. 446.
Such was formerly the usual mode of declaring; but of late the practice has been more general to declare in assump-sit. Still the plaintiff has his election, either to declare in tort or in…
2Cited by11 opinions
- Johnson v. HealySupreme Court of Connecticut · 1978
- State v. WilliamsonSupreme Court of Connecticut · 1875
- Clark v. WoosterSupreme Court of Connecticut · 1906
- Farrell v. Johnson & JohnsonSupreme Court of Connecticut · 2020
- Heal v. International Agricultural Corp.Supreme Judicial Court of Maine · 1924
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