Andrews v. Peck
Supreme Court of Connecticut
Action to recover the balance of the purchase price of a horse sold by the plaintiff to the defendant, brought by appeal from the judgment of a justice of the peace to the Court of Common Pleas in Fairfield County and tried to the court, Scott, J.; facts found and judgment rendered for the plaintiff for $39, and appeal by the defendant. The plaintiff brought suit to recover the balance of the purchase price of a horse.
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Action to recover the balance of the purchase price of a horse sold by the plaintiff to the defendant, brought by appeal from the judgment of a justice of the peace to the Court of Common Pleas in Fairfield County and tried to the court, Scott, J.; facts found and judgment rendered for the plaintiff for $39, and appeal by the defendant. The plaintiff brought suit to recover the balance of the purchase price of a horse. The defendant purchaser filed a counterclaim for the breach of an express warranty of the animal. The warranty alleged was that the horse was sound and true in every spot and…
1DissentWheeler, J.
I concur in the judgment that there is no error, but not with the reasons given in the opinion in support of that conclusion.
The opinion holds that the breach of the warranty alleged in the answer and counterclaim is “one resulting from the fact that the horse was at the time of sale unsound,” and therefore the court has no occasion to inquire “whether or not the terms in which the warranty was couched, in their true intent and meaning, carried a more comprehensive warranty than that of soundness. It is our duty under the circumstances to accept the issue as framed by the pleadings, and…
2Cases cited9 opinions
- Hennessy v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1902
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- Price v. BouteillerSupreme Court of Connecticut · 1906
- Robertson v. LewieSupreme Court of Connecticut · 1904
- LaBarre v. City of WaterburySupreme Court of Connecticut · 1897
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