Legal Opinion

Wallace v. Wren

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 4 opinions

Appeal from the Superior Court of Chicago. This was an action originally commenced before a justice of the peace, in Chicago, by Edward Wren against John S. Wallace, for an alleged breach of warranty of the soundness of a horse. A trial before the justice resulted in a judgment in favor of Wren, the plaintiff, from which Wallace took an appeal to the Superior Court of Chicago.

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Appeal from the Superior Court of Chicago. This was an action originally commenced before a justice of the peace, in Chicago, by Edward Wren against John S. Wallace, for an alleged breach of warranty of the soundness of a horse. A trial before the justice resulted in a judgment in favor of Wren, the plaintiff, from which Wallace took an appeal to the Superior Court of Chicago. Upon the trial in that court it appeared that a son of Wren exchanged horses with an agent of Wallace. On the question of warranty, the party making the trade on the part of the plaintiff, testified positively that the…

1Opinion of the CourtChief Justice Caton

This was an action for a breach of warranty of a horse. As to the fact of a warranty the testimony is conflicting; one witness swearing positively to a warranty, and another swearing just as positively that there was no warranty. So, too, upon the question of unsoundness, the testimony is conflicting, though, we think, the clear preponderance of the evidence is in favor of the plaintiff, on this point. In this state of the evidence we cannot disturb the verdict. It was for the jury to determine as to the credibility of the conflicting witnesses. For the purpose of showing that the horse had…

2Cases cited1 opinion

  1. Crabtree v. KileIllinois Supreme Court · 1859

3Cited by4 opinions

  1. Drew v. BeallIllinois Supreme Court · 1871
  2. E. A. Moore Furniture Co. v. W. & J. SloaneIllinois Supreme Court · 1897
  3. Haycraft v. DavisIllinois Supreme Court · 1869
  4. Chicago & Northwestern Railway Co. v. HartAppellate Court of Illinois · 1887

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