Maine v. Bailey
Supreme Court of Connecticut
IN ERROR. This was an action on the case for fraud in the sale of a cow, brought, by Maine against Bailey, to and tried in the county court.
Read the full summary
IN ERROR. This was an action on the case for fraud in the sale of a cow, brought, by Maine against Bailey, to and tried in the county court. The declaration alleged, That on or about the 1st day of May 1840, the plaintiff purchased of the defendant a certain six years old cow, the property of the defendant, at the price of 29 dollars, which the plaintiff then paid to the defendant, as and for the price of said cow; which said cow the defendant delivered to the plaintiff, and the plaintiff purchased of the defendant, as and for a sound and healthful cow: and the defendant, to induce the…
1Opinion of the CourtHinman, J.
The plaintiff alleges in his declaration, that on or about the 1st day of May 1840, he purchased of the defendant a certain six years old cow, the property of the defendant, at the price of 29 dollars, which the plaintiff then paid to the defendant, as and for the price of said cow. The only proof to support this part of the declaration, was the testimony of one Harris, “ that the defendant sold the plaintiff said cow, with a heifer and calf, and that they were sold together, at the price of 58 dollars for the whole.” The variance between the allegation and the proof, is too palpable for…
2Cases cited2 opinions
- Kellogg v. DenslowSupreme Court of Connecticut · 1841
- Bulkley v. LandonSupreme Court of Connecticut · 1818
3Cited by2 opinions
- Bristol v. Ontario Orphan AsylumSupreme Court of Connecticut · 1891
- Webster v. HodgkinsSuperior Court of New Hampshire · 1852