Ouilette v. Theobald
Supreme Court of New Hampshire
Assumpsit, to recover money paid a the price of a horse, on a sale induced by fraudulent representations. Trial by jury and verdict for the plaintiff. A sore had gathered on its hip and after discharging for a short time begun to heal. Before the horse completely recovered, the sore gathered again and broke out in a new place. This had been repeated several times before the defendant sold the horse to the plaintiff.
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Assumpsit, to recover money paid a the price of a horse, on a sale induced by fraudulent representations. Trial by jury and verdict for the plaintiff. A sore had gathered on its hip and after discharging for a short time begun to heal. Before the horse completely recovered, the sore gathered again and broke out in a new place. This had been repeated several times before the defendant sold the horse to the plaintiff. A veterinary advised the defendant some months before the sale that if the disease took this course it was improbable that the horse would recover. The plaintiff asked the…
1Opinion of the CourtYoung, J.
The fair inference to be drawn from the defendant’s representation in respect to the condition of the horse is that he thought it would recover. That is the inference the plaintiff drew and the one the defendant intended he should draw from the state ment. The fact the improvement in the condition of the horse had proved to be only temporary on several former occasions, when taken in connection .with the veterinary’s advice and the fact the price for which the horse was sold was only about half the price of a sound horse, warrants the conclusion that the defendant feared the horse might never…
2Cases cited3 opinions
- Shackett v. BickfordSupreme Court of New Hampshire · 1906
- Stewart v. StearnsSupreme Court of New Hampshire · 1884
- Sleeper v. SmithSupreme Court of New Hampshire · 1914
3Cited by1 opinion
- Hunt v. Goodimate Co.Supreme Court of New Hampshire · 1947