Joy & Carr v. Hill
Supreme Court of Vermont
Action on the case for a false warranty of a horse, in four counts. Plea, the general issue, and trial by jury, June Term, 1862, Poland, Ch. J., presiding. -The plaintiffs’ evidence was that on the occasion of the purchase, of the horse in question by the plaintiffs of the defendant, the plaintiffs told the defendant they did not wish to purchase the horse unless he was sound, and wanted a warranty, and that the defendant replied that he would warrant the horse sound in…
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Action on the case for a false warranty of a horse, in four counts. Plea, the general issue, and trial by jury, June Term, 1862, Poland, Ch. J., presiding. -The plaintiffs’ evidence was that on the occasion of the purchase, of the horse in question by the plaintiffs of the defendant, the plaintiffs told the defendant they did not wish to purchase the horse unless he was sound, and wanted a warranty, and that the defendant replied that he would warrant the horse sound in every respect. The defendant’s testimony was that he answered the plaintiffs, by saying that he would warrant the horse…
1Opinion of the CourtBarrett, J.
In this case the 1st, 2d and 4th counts are in case for false warranty in the sale of a horse. The 3d count is in assumpsit, counting upon an express warranty. A general verdict was rendered for the plaintiffs. The case was tried upon the general issue; but the bill of,exceptions does not say on what form of plea. It is stated in the exceptions, that “ the whole case 'went upon the ground of an express warranty and the breach of it, and not upon the ground of a deceit.” By which we understand that the evidence offered went only to show that an express warranty, proprio vigore, was the sole…
2Cases cited2 opinions
- Beeman v. BuckSupreme Court of Vermont · 1830
- Sylvester v. DownerSupreme Court of Vermont · 1843
3Cited by4 opinions
- Posnett v. MarbleSupreme Court of Vermont · 1890
- Dean v. CassSupreme Court of Vermont · 1901
- Wheeler v. WilsonSupreme Court of Vermont · 1884
- Wilson Bros. Garage v. LarrowSupreme Court of Vermont · 1916