Barber v. Ripley
Supreme Court of Vermont
IN ERROR. THE plaintiff brought his action against the defendants, before a justice of'the peace, in which he declared against them, in a plea of the case as follows: “For that, whereas, heretofore, to wit. on tbe 12th day of August, 1824, at, &c. in consideration that the plaintiff, at the special instance and request of the defendants, would deliver to the defendants a certain horse of him the said plaintiff, of great value, to wit. the sum of eighty dollars, in exchange…
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IN ERROR. THE plaintiff brought his action against the defendants, before a justice of'the peace, in which he declared against them, in a plea of the case as follows: “For that, whereas, heretofore, to wit. on tbe 12th day of August, 1824, at, &c. in consideration that the plaintiff, at the special instance and request of the defendants, would deliver to the defendants a certain horse of him the said plaintiff, of great value, to wit. the sum of eighty dollars, in exchange for a certain mare of the defendants, and five dollars endorsed upon a note the defendants then held against the…
1Opinion of the Court
The opinion of the Court was delivered by
Royce, J.
The present plaintiff commenced his action before a justice of the peace, against the defendants, on the warranty of a horse, alleged to have been sold by them to the plaintiff. That action, though now denominated by the plaintiff’s counsel in argument, an action on the case in tort, was unquestionably an action of mere assumpsit. In the declaration, there is no scienter alleged, nor any thing to mark it as a declaration in tort, except mere formal words, which are often inserted in the most common declarations in assumpsit. The plajgjtiff…
2Cited by1 opinion
- Way v. WakefieldSupreme Court of Vermont · 1835