Hunt v. Sackett
Michigan Supreme Court
Error to Wayne Circuit. *This was an action brought by Sackett against Hunt in a justice’s court, tbe plaintiff declaring upon all the common counts in assumpsit. The case was appealed to the circuit court and tried before a jury, tbe plaintiff recovering a judgment for one hundred and fifty dollars damages, and tbe costs of suit. Tbe case is brought here by writ of error and bill of exceptions.
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Error to Wayne Circuit. *This was an action brought by Sackett against Hunt in a justice’s court, tbe plaintiff declaring upon all the common counts in assumpsit. The case was appealed to the circuit court and tried before a jury, tbe plaintiff recovering a judgment for one hundred and fifty dollars damages, and tbe costs of suit. Tbe case is brought here by writ of error and bill of exceptions. The evidence tended to show that plaintiff and defendant traded horses on the 29th of March, 1811, the plaintiff giving defendant his horse and a yearling colt, for defendant’s horse and ten dollars.…
1Opinion of the CourtChristiancy, J.
It will not be necessary to discuss all the questions raised in this case.
The main question is, whether, under the circumstances which the evidence tended to show, the plaintiff, without rescinding the contract and placing, or offering to place, *22the defendant in statu quo, was entitled to recover under the common indebitatus count, for goods sold and delivered, the value of the horse and colt, less the ten dollars he had received.
The horse received by the plaintiff in exchange being at the time in defendant’s possession, there can be no doubt that a warranty of title on the part of the…
2Cases cited2 opinions
- Flanders v. ChamberlainMichigan Supreme Court · 1872
- Lucking v. WessonMichigan Supreme Court · 1872
3Cited by6 opinions
- Close v. CrosslandSupreme Court of Minnesota · 1891
- Byrnside v. BurdettWest Virginia Supreme Court · 1879
- Murphy v. DaltonMichigan Supreme Court · 1905
- Powers v. RosenbloomSupreme Judicial Court of Maine · 1948
- Jenkins v. CraigIndiana Court of Appeals · 1898
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