Willard v. Stevens
Superior Court of New Hampshire
Assumpsit, on a contract of warranty in the sale of a horse. The declaration contained two counts. The first alleged that the defendant warranted the horse to be six years old, and to be sound and kind, and set forth as a breach of the warranty that he was but five years old, and was unsound from having been foundered; and the second alleged that the defendant warranted the horse to be sound and kind, and set forth as a breach that he was unsound, having been foundered.
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Assumpsit, on a contract of warranty in the sale of a horse. The declaration contained two counts. The first alleged that the defendant warranted the horse to be six years old, and to be sound and kind, and set forth as a breach of the warranty that he was but five years old, and was unsound from having been foundered; and the second alleged that the defendant warranted the horse to be sound and kind, and set forth as a breach that he was unsound, having been foundered. Plea, the general issue. To show the warranty the plaintiff introduced the following writing: “ Newton, June 27th, 1849. Mr.…
1Opinion of the CourtEastman, J.
The principal question in this case arises upon the construction to be given to the written contract of warranty in the sale of the horse. Contracts are to be construed according to the intention of the parties, to be collected from the sense and meaning of the language used. And where the terms used to express the agreement are doubtful, but the intent of the parties is manifest, it is the duty of the court to give such meaning to the terms as will best answer the intent.
The contract upon which this suit was brought is as follows: “Mr. Jeremiah Willard bought one red horse, six years old,…
2Cases cited1 opinion
- Walker v. SawyerSuperior Court of New Hampshire · 1842
3Cited by1 opinion
- Fairbanks v. Consolidated Fisheries Co.District Court, D. Delaware · 1950