Birdseye v. Frost
New York Supreme Court
THIS action was for a breach of warranty upon the sale of a span of horses. It was brought before L. Wells, a justice of the peace of Onondaga county. The complaint alleged that the defendant warranted that the horses were sound and right every way, except that one had a blemish on his nose and the other was a stallion; but that they were not sound, and were ringboned and had the heaves. The answer denied each allegation in the complaint.
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THIS action was for a breach of warranty upon the sale of a span of horses. It was brought before L. Wells, a justice of the peace of Onondaga county. The complaint alleged that the defendant warranted that the horses were sound and right every way, except that one had a blemish on his nose and the other was a stallion; but that they were not sound, and were ringboned and had the heaves. The answer denied each allegation in the complaint. The cause was tried on the 14th of July, 1858, before the justice, without a jury, and on the 17th of July he rendered a judgment in favor of the appellant…
1Opinion of the Court
By the Court, Multan, J.
The justice having found, upon conflicting evidence, that the defendant made the warranty charged in the complaint, and the amount of damages the plaintiff sustained by the breach of" such warranty, these questions cannot be reviewed by us upon this appeal.
The only question before us is, whether upon the evidence there was a breach of the warranty, for which the plaintiff was entitled to recover; in other words, whether the warranty applied to the defects which it was proved the horses sold to the plaintiff had, at the time of such sale. It is not pretended by the…
2Cited by6 opinions
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- Wilbur v. CartrightNew York Supreme Court · 1865
- Ikalia v. KopaeaHawaii Supreme Court · 1879
- Brown v. BurhansNew York Supreme Court · 1875
- Gentilli v. StaraceThe Superior Court of New York City · 1891
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