Wason v. Rowe
Supreme Court of Vermont
Action on the .Case, for that the plaintiff bargained with the defendant to buy of him a certain bay horse, and the defendant, knowing the horse to be unsound, by falsely warranting him to be sound, deceitfully sold the said horse to the plaintiff. Plea, the general issue, and trial by jury. On trial the plaintiff gave in evidence a bill of sale, executed to him by the defendant, in these words.
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Action on the .Case, for that the plaintiff bargained with the defendant to buy of him a certain bay horse, and the defendant, knowing the horse to be unsound, by falsely warranting him to be sound, deceitfully sold the said horse to the plaintiff. Plea, the general issue, and trial by jury. On trial the plaintiff gave in evidence a bill of sale, executed to him by the defendant, in these words. “Thomas Wason bought of Elijah Rowe one bay horse, five years old last July, considered sound. Price sixty five dollars. Rec’d payment.” (Signed) “Elijah Rowe.” “Washington, 21 Feb., 1842.” The…
1Opinion of the Court
The opinion of the court was delivered by
IIbbard, J.
On trial in the county court, the plaintiff offered the bill of sale, and asked the court to decide that the terms of it imported a warranty of the soundness of the horse. But the court decided otherwise. The plaintiff also requested the court to leave it to the jury, upon the parol and written evidence, to find a warranty. This request also the court disregarded. It is a familiar principle of law, that no particular form of words is necessary to constitute a warranty ; and, when the contract rests in parol, the whole testimony is submitted…
2Cases cited1 opinion
- Van Ostrand v. ReedNew York Supreme Court · 1828
3Cited by12 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Wood v. JamesSupreme Court of Vermont · 1918
- Bagley v. Cleveland Rolling Mill Co.U.S. Circuit Court for the District of Northern New York · 1884
- Hobart v. YoungSupreme Court of Vermont · 1891
- Davis v. Bowers Granite Co.Supreme Court of Vermont · 1903
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