Legal Opinion

Pennock v. Stygles

Supreme Court of Vermont

Decided October 15, 1881PublishedCited by 2 opinions

Action, case for an alleged false warranty and deceit in the sale of hops. Plea, general issue; trial by jury, April Term, 1881, Lamoille County, Powers, J., presiding, and verdict for the plaintiff. The hops were purchased by one John Bacon, as agent for the plaintiff, on the 20th day of October, 1879, and delivered on the 4th day of November following.

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Action, case for an alleged false warranty and deceit in the sale of hops. Plea, general issue; trial by jury, April Term, 1881, Lamoille County, Powers, J., presiding, and verdict for the plaintiff. The hops were purchased by one John Bacon, as agent for the plaintiff, on the 20th day of October, 1879, and delivered on the 4th day of November following. On the saíne 20th day the parties met at Morrisville, at the storehouse of Mr. Burke, where the defendant had two samples of hops; one packed in an ordinary bale, and the other thrown loosely into a small sack. The testimony of the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Yeazey, J.

Where there is a warranty as to quality, in a sale of chattels, though on inspection at the time of sale, if the property sold does not answer the warranty, it may still be retained by the vendee and the sale affirmed, and he may sue upon the warranty. Houghton v. Carpenter, 40 Vt. 588. An exception is noticed in some cases where the defect was known to the purchaser or readily discoverable. Henshaw v. Robbins, 9 Met. 83; Vandewalker v. Osmer, 65 Barb. 556 ; Benjamin on Sales, s. 616. Where no exception applies, the warranty is, an…

2Cases cited3 opinions

  1. Houghton v. CarpenterSupreme Court of Vermont · 1868
  2. Gilson v. BinghamSupreme Court of Vermont · 1871
  3. Vandewalker v. OsmerNew York Supreme Court · 1873

3Cited by2 opinions

  1. Globe Granite Co. v. ClementsSupreme Court of Vermont · 1918
  2. Geo. Enger & Co. v. W. W. Dawley & Co.Supreme Court of Vermont · 1890

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