Legal Opinion
Kemp v. Freeman
Appellate Court of Illinois
Decided December 3, 1891PublishedCited by 13 opinions
Appeal from the County Court of McLean County; the Hon. C. D. Meyers, County Judge, presiding.
1Opinion of the CourtBoggs, J.
In this action in the court below the appellee recovered a judgment of $500 against appellants, for an alleged breach of warranty of a stallion sold by appellants to appellee.
The warranty was a written one, and so far as it concerns the issue here, is as follows:
“We warrant the animal to be sound and healthy and in every respect an average breeder, and in case he fails to be an average breeder we agree to take him back and replace him with another horse of equal value and merits.”
The breach alleged is that the horse failed to be an average breeder.
Appellants contend that this contract of…
2Cases cited2 opinions
- Crabtree v. KileIllinois Supreme Court · 1859
- Owens v. SturgesIllinois Supreme Court · 1873
3Cited by13 opinions
- Standard Oil Co. of Indiana v. Daniel Burkhartsmeier Cooperage Co.Appellate Court of Illinois · 1948
- Obenchain Boyer v. Incorporated Town of RoffSupreme Court of Oklahoma · 1911
- Thomas China Co. v. C. W. Raymond Co.Court of Appeals for the Sixth Circuit · 1905
- Bracken v. Fidelity Trust Co.Supreme Court of Oklahoma · 1914
- Eyers v. HaddemU.S. Circuit Court for the District of Western Wisconsin · 1895
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