Briggs v. Hunton
Supreme Judicial Court of Maine
On exceptions. This was an action on the case upon an account annexed, the principal item of which was for services of the plaintiffs’ stallion, '' Sir William,” to the defendant’s mare in 1889, when said mare was bred to said stallion.
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On exceptions. This was an action on the case upon an account annexed, the principal item of which was for services of the plaintiffs’ stallion, '' Sir William,” to the defendant’s mare in 1889, when said mare was bred to said stallion. The evidence tended to show that the plaintiffs were then engaged in the business of keeping and owning other stallions for breeding purposes; that defendant attempted to breed his mare to another of the plaintiff's’ stallions at an agreed price of seventy-five dollars, but was unsuccessful: that these plaintiffs offered defendant the service of Sir William,…
1Opinion of the CourtHaskell, J.
Two questions are presented :
I. Does a contract for the service of a stallion for breeding, contain an implied warranty that the animal is free from disease that may be transmitted to offspring? The element of deceit, that might result from the concealment of disease known to the owner of the animal, must be eliminated from the consideration of this question, as that element might be cause for a remedy differing from that sought here. It does not pertain to this case.
*149In the sale of chattels by the manufacturer, for specific uses, an implied warranty arises that the article is fit for the use…
2Cases cited10 opinions
- French v. ViningMassachusetts Supreme Judicial Court · 1869
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hoover v. PetersMichigan Supreme Court · 1869
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
- Van Bracklin v. FondaNew York Supreme Court · 1815
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3Cited by4 opinions
- In Re Hannaford Bros. Co. Customer Data Security Breach LitigationDistrict Court, D. Maine · 2009
- Timken Carriage Co. v. C. S. Smith & Co.Supreme Court of Iowa · 1904
- Barton v. DowisSupreme Court of Missouri · 1926
- State v. WithrowWisconsin Supreme Court · 1938