Beals v. Olmstead
Supreme Court of Vermont
Assumpsit on the warranty of a quantity of hay; the declaration was as follows: “ In a plea of the case, for that the defendant in consideration “ that the plaintiff would pay defendant fifty-five dollars for a certain mow of hay, to wit, on the 31st day of January, 1850, the “ defendant undertook and promised plaintiff, that said hay was “ cut and cured in good season, was good bright hay, and plaintiff “ then and there paid said defendant fifty-five dollars, and avers…
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Assumpsit on the warranty of a quantity of hay; the declaration was as follows: “ In a plea of the case, for that the defendant in consideration “ that the plaintiff would pay defendant fifty-five dollars for a certain mow of hay, to wit, on the 31st day of January, 1850, the “ defendant undertook and promised plaintiff, that said hay was “ cut and cured in good season, was good bright hay, and plaintiff “ then and there paid said defendant fifty-five dollars, and avers “that said hay was not cut and cured in good season, but was “ wholly worthless.” There was also a count for money had and…
1Opinion of the Court
By the Court.
In regard to the general merits of this case, the principles which must govern, are too well settled to require much discussion.
As to whether the defendant’s assertions in regard to the quality of the hay were understood to form the basis of the contract, there could be but one opinion. The plaintiff declined to examine the hay, saying he could tell nothing about it. He expressly informed the defendant he wanted it for a particular use, to feed his oxen in spring and summer, while at work upon the Rail Road, and that he must have such hay as would answer that use. The defendant…
2Cited by13 opinions
- Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- Lukens v. FreiundSupreme Court of Kansas · 1882
- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
- Hobart v. YoungSupreme Court of Vermont · 1891
- Rogers v. WT Grant CompanySupreme Court of Vermont · 1974
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