West v. Moore
Supreme Court of Vermont
Trespass on the case for a fraudulent representation, in selling a horse. Plea, general issue, and trial by jury. On the trial in the county court the plaintiff introduced testimony tending to show that the defendant sold him the horse as alleged in the declaration, and, to induce the plaintiff to make the purchase, the defendant represented to him and expressly promised that the horse was no more than eight years old, that the plaintiff purchased him, relying on such…
Read the full summary
Trespass on the case for a fraudulent representation, in selling a horse. Plea, general issue, and trial by jury. On the trial in the county court the plaintiff introduced testimony tending to show that the defendant sold him the horse as alleged in the declaration, and, to induce the plaintiff to make the purchase, the defendant represented to him and expressly promised that the horse was no more than eight years old, that the plaintiff purchased him, relying on such representations and had not the representations been made he would not have purchased him, that the horse was, at the time…
1Opinion of the Court
The opinion of the court was delivered by
Bennett J.
Though the principle that a minor is liable for his torts is clear, yet this is a case in which the plaintiff seeks to charge the minor in an action, in form ex delicto, for a false and deceitful warranty on the sale of a horse. The exceptions state that to induce the plaintiff to purchase the horse, the defendant represented and expressly promised him that the horse was no more than eight years old, which he then knew to be false.
In cases in which the substantive grounds of action rest in contract, minors cannot be rendered liable by…
2Cases cited1 opinion
- Vasse v. SmithSupreme Court of the United States · 1810
3Cited by9 opinions
- Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
- O'Rourke v. John Hancock Mut. Life Ins. Co.Supreme Court of Rhode Island · 1902
- Ferguson v. BoboMississippi Supreme Court · 1876
- Gilson v. SpearSupreme Court of Vermont · 1865
- Morrill v. AdenSupreme Court of Vermont · 1847
4 more not listed; retrieve them via the Exa API.