Legal Opinion

Burnett v. Hensley

Supreme Court of Iowa

Decided December 19, 1902PublishedCited by 7 opinions

Appeal from, Taylor District Court. — 'Hon. H. M. Towner, Judge. Action at law for breach of an implied warranty and fraud in the sale of a mare. Trial to a jury. Directed verdict for defendant, and plaintiff appeals.

1Opinion of the CourtDeemer, J.

Plaintiff claims that he purchased the animal of defendant at a public sale; that defendant represented her to be an imported Perdieron, suitable for breeding purposes; that he (plaintiff) was desirous of purchasing such an animal, and attended the sale, and purchased her for that purpose; that in truth the mare *576was diseased when he bought'her, was wholly unfit for breeding purposes, and of no value whatever; that the disease of the animal was fraudulently concealed from him by the removal of all outward evidence thereof; that defendant knew plaintiff was purchasing the animal for breeding…

2Cases cited17 opinions

  1. Jeffrey v. BigelowNew York Supreme Court · 1835
  2. Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
  3. Alpha Checkrower Co. v. David Bradley & Co.Supreme Court of Iowa · 1898
  4. Hart v. WrightNew York Supreme Court · 1837
  5. McClung v. KelleySupreme Court of Iowa · 1866

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3Cited by7 opinions

  1. Gulf Electric Co. v. FriedSupreme Court of Alabama · 1928
  2. Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
  3. Bridgeport L. A. W. Corporation v. LevySupreme Court of Connecticut · 1929
  4. Morf v. WashburnSupreme Court of Iowa · 1959
  5. Rhynas v. KeckSupreme Court of Iowa · 1917

2 more not listed; retrieve them via the Exa API.

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