Martin v. Ash
Michigan Supreme Court
Error to Wayne Circuit. This was an action of replevin brought by Jacob L. Ash, in the Circuit Court for the County of Wayne, against Charles Martin, for a yoke of oxen. Ash recovered judgment in the Court below, and Martin now brings the record here by writ of error.
1Opinion of the Court
Campbell, Ch. J.
■ Ash and Martin agreed to exchange certain oxen and a pony belonging to Martin for a span of horses belonging to Ash. The bargain was made on a Friday in December, 1867, and the animals were delivered; but it was agreed that in the next week Martin should have his oxen again and Ash his horses, to use for some days, and they were thus received and used; but Martin, after getting the oxen, repudiated the bargain and kept them, — averring that he had been defrauded, and that the horses had been falsely represented and warranted sound, with an agreement that they might be…
2Cited by4 opinions
- Labbe v. CorbettTexas Supreme Court · 1888
- Wright v. HoweUtah Supreme Court · 1915
- Donoho v. HunterTexas Commission of Appeals · 1925
- Morrison v. BerryMichigan Supreme Court · 1880