Stewart v. Hamilton
Texas Supreme Court
Error from Titus. Tried below before the Hon. William S. Todd. Suit by defendant in error against plaintiff in error for breach of warranty of soundness of a horse sold to the former by the latter.
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Error from Titus. Tried below before the Hon. William S. Todd. Suit by defendant in error against plaintiff in error for breach of warranty of soundness of a horse sold to the former by the latter. The evidence was as follows : Plaintiff called Jacob Garrett, who testified that he sold the horse to the defendant early in the Spring, 1858, as an unsound horse, for the price of about $80 in corn ; that the unsoundness, subject to which he sold him, was that when ridden five or six miles and then stopped and suffered to cool, he got stiff and unable to travel; when rested, traveled off, appeared…
1Opinion of the CourtRoberts, J.
The errors assigned are, that the verdict was contrary to the law and the evidence ; and that the Court erred in not granting a new trial.
Upon the trial there was no dispute as to the law of the case ; and the verdict, being for Hamilton for the value of the horse, was founded on the belief, on the part of the jury, that the horse was warranted to be sound, and that he was unsound at the time of the sale. Such unsoundness is the contested fact.
The testimony was conflicting. That in favor of Hamilton was given by fewer witnesses than that in favor of Stewart, but of a less negative character.…
2Cited by7 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- Floyd v. RiceTexas Supreme Court · 1866
- Allen v. Texas N. O. R. Co.Court of Appeals of Texas · 1934
- Frizzell v. JohnsonTexas Supreme Court · 1867
- Vance v. SaathoffTexas Commission of Appeals · 1879
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