Maynard v. Maynard
Supreme Court of Vermont
Case for deceit in the sale of a bull. Plea, the general issue, a.nd trial by jury, September Term, 1876, Royce, J., presiding.
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Case for deceit in the sale of a bull. Plea, the general issue, a.nd trial by jury, September Term, 1876, Royce, J., presiding. The plaintiff’s testimony tended to show, that on November 1, 1871, he purchased a yearling bull of the defendant, and that he then informed'the defendant that he wanted the bull to put with his cows during the coming season, but that he did not ask the defendant whether or not the bull was suitable for that purpose ; that the bull then appeared to be healthy and sound, and was without any external defect that could have been discovered by any observation, however'…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The County Court properly overruled the defendant’s motion to have a verdict ordered in his favor. The plaintiff gave evidence tending to show, and, under the charge of the court, the jury must have found, that the plaintiff communicated to the defendant that he desired to purchase the bull to serve his cows the coming season ; that so far as could be determined from external appearances, the bull was healthy ’and sound, and possessed of all the capacities of an ordinary animal of that character; that he was then known by the defendant to be…
2Cases cited4 opinions
- French v. ViningMassachusetts Supreme Judicial Court · 1869
- Graham v. StilesSupreme Court of Vermont · 1866
- Paddock v. StrobridgeSupreme Court of Vermont · 1857
- Wheeler v. WheelockSupreme Court of Vermont · 1861
3Cited by10 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Newell Brothers v. HansonSupreme Court of Vermont · 1924
- The KalfarliCourt of Appeals for the Second Circuit · 1921
- Dwyer v. RedmondSupreme Court of Connecticut · 1924
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