Legal Opinion

Fenno v. Weston

Supreme Court of Vermont

Decided November 15, 1858PublishedCited by 13 opinions

This was an action for the false warranty of a mare. Plea, the general issue and trial by jury at the January Term, 1858, of the Orange County Court, — Barrett, J., presiding.

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This was an action for the false warranty of a mare. Plea, the general issue and trial by jury at the January Term, 1858, of the Orange County Court, — Barrett, J., presiding. On trial the plaintiff gave evidence tending to prove, among other things, that in August, 1854, he resided in Massachusetts, that one Kibbee, a neighbor of the plaintiff, being about to come to Vermont to buy a horse, was requested by the plaintiff to see if he could find a suitable one for him also ; that Kibbee came to Randolph in this State, where he saw the defendant and examined a young horse and a young mare,…

1Opinion of the CourtAldis, J.

To sustain this action it became necessary for the plaintiff to show a sale of the horse to him from the defendant. In the course of the trial among other evidence of a sale the defendant introduced a letter from one Kibbee to the defendant, dated August 10, 1854 in which he says: “I have concluded that I will give you three hundred dollars for your two colts that I looked at — if you say I may have them let me know as soon as possible, and you shall have your money.” The defendant wrote in reply “ that he might have the horses for three hundred dollars if he would come for them.”

Before…

2Cases cited1 opinion

  1. Hill v. PrattSupreme Court of Vermont · 1856

3Cited by13 opinions

  1. Learned v. . TillotsonNew York Court of Appeals · 1884
  2. Morris v. NortonCourt of Appeals for the Sixth Circuit · 1896
  3. Hines v. Ward Baking Co.Court of Appeals for the Seventh Circuit · 1946
  4. Furst v. CarricoCourt of Appeals of Maryland · 1934
  5. St. Joseph Hydraulic Co. v. Globe Tissue Paper Co.Indiana Supreme Court · 1901

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