Legal Opinion

Cabot v. Christie

Supreme Court of Vermont

Decided February 15, 1869PublishedCited by 39 opinions

Case for false warranty in the sale of a farm. Plea, not guilty. Trial by jury, May term, 1868, Barrett, J., presiding. . The plaintiff gave, evidence tending to show that he bought the farm at the time and for the price stated in the declaration, and that the defendant-made representations in respect to the number of- acres, as of Ms own knowledge, designedly intending to induce the plaintiff to suppose and believe, and thereby the plaintiff was induced to and did süppose…

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Case for false warranty in the sale of a farm. Plea, not guilty. Trial by jury, May term, 1868, Barrett, J., presiding. . The plaintiff gave, evidence tending to show that he bought the farm at the time and for the price stated in the declaration, and that the defendant-made representations in respect to the number of- acres, as of Ms own knowledge, designedly intending to induce the plaintiff to suppose and believe, and thereby the plaintiff was induced to and did süppose and-believe, that the farm contained at least one hundred and thirty acres -of land, and relying thereupon, the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Steele, J.

I. The plaintiff can not recover upon the ground of a parol warranty of the quantity of the land. If the quantity was warranted it should be provable by the deed. It is true that a deed of conveyance need not contain all the stipulations of the parties. For example, the agreements as to consideration and mode of payment-need not be embraced in the deed, for the instrument purports to be the deed of but one of the parties. But it does purport to contain the covenants of the grantor with respect to the property conveyed. To- add a new covenant…

2Cases cited2 opinions

  1. Bennett v. . JudsonNew York Court of Appeals · 1860
  2. Steadman v. GuthrieCourt of Appeals of Kentucky · 1862

3Cited by39 opinions

  1. Crislip v. CainWest Virginia Supreme Court · 1882
  2. Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
  3. Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
  4. McAllister v. BenjaminSupreme Court of Vermont · 1923
  5. Gustafson v. RustemeyerSupreme Court of Connecticut · 1898

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