Rogers v. Ferris
Michigan Supreme Court
Error to Grand Traverse; Corbett, J. Replevin by Franklin Rogers against Egbert F. Ferris. From a judgment for plaintiff, defendant brings error. July 2, 1894, plaintiff purchased a mare of the defendant, for which he gave three promissory notes, secured by chattel mortgage. Plaintiff claims that the defendant warranted her to be perfectly sound. Defendant admits the warranty, except as to two bunches on her hind legs.
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Error to Grand Traverse; Corbett, J. Replevin by Franklin Rogers against Egbert F. Ferris. From a judgment for plaintiff, defendant brings error. July 2, 1894, plaintiff purchased a mare of the defendant, for which he gave three promissory notes, secured by chattel mortgage. Plaintiff claims that the defendant warranted her to be perfectly sound. Defendant admits the warranty, except as to two bunches on her hind legs. September 15th plaintiff took the mare back to the defendant, and left her in his stable, where she was treated by a veterinary surgeon, under an arrangement by which defendant…
1Opinion of the CourtGrant, J.
(after stating the facts). Plaintiff’s right of recovery depends upon whether a warranty was given, and whether the mare was sound, according to its terms. Errors are assigned upon the testimony and the charge of the court.
1. It was not error to permit the plaintiff to testify that he relied upon the warranty in making the purchase. If he had not relied upon it, he could not have recovered.
2. One Schubert, a witness for plaintiff, testified that about the middle of July he noticed a puff on the right hind leg 'of the mare; that it looked like a bog spavin; that he was raised on a farm with…
2Cited by6 opinions
- Danaher v. Partridge Creek Country ClubMichigan Court of Appeals · 1982
- Krapp v. Metropolitan Life-InsuranceMichigan Supreme Court · 1906
- Hewitt v. East Jordan Lumber Co.Michigan Supreme Court · 1904
- Foster v. KrauseMichigan Supreme Court · 1915
- Danaher v. Partridge Creek Country ClubMichigan Court of Appeals · 1982
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