Damon v. Denny
Supreme Court of Connecticut
Action for breach of a warranty of the condition of certain apples sold, and for false representations with regard to them; brought to the City Court of the city of New Haven. Plea in abatement of the pendency of another suit for the same cause of action; plea sustained, and judgment for the defendant, (Pickett, J.') Appeal by the plaintiff. The case is fully stated in the opinion.
1Opinion of the CourtPardee, J.
On March 30th, 1855, the plaintiff instituted a suit against the defendant, alleging that he had expended for Mm three hundred dollars; had sold and delivered to Mm goods, wares and merchandise of the same value; had bargamed and sold to Mm goods, wares and merchandise of the same value ; and that he had never paid therefor ; demanding two hundred dollars damages.
On December 29th, 1885, that suit still pending, the plaintiff instituted this, alleging in effect in the first count that on March 27th, 1885, the defendant warranted to the plaintiff that certain apples were in good marketable…
2Cases cited3 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Phillips v. BericicNew York Supreme Court · 1819
- Supples v. CannonSupreme Court of Connecticut · 1877
3Cited by6 opinions
- Gibbs v. Crane Elevator Co.Illinois Supreme Court · 1899
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1903
- Metropolis Manufacturing Co. v. LynchSupreme Court of Connecticut · 1896
- Hesser v. JohnsonSupreme Court of Oklahoma · 1903
- Reynolds v. JonesSupreme Court of Arkansas · 1896
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