Hadley v. Bordo
Supreme Court of Vermont
Action on the case for a false warranty in the sale of a-black mare. Plea, the general issue. Trial by jury at the September Term, 1889, Munson, J., presiding. Yerdict and judgment for the plaintiffs. Exceptions by the defendant. The facts sufficiently appear in the opinion. There is a variance between the proof and the declaration.
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Action on the case for a false warranty in the sale of a-black mare. Plea, the general issue. Trial by jury at the September Term, 1889, Munson, J., presiding. Yerdict and judgment for the plaintiffs. Exceptions by the defendant. The facts sufficiently appear in the opinion. There is a variance between the proof and the declaration. Vail v. Strong, 10 Yt. 457 ; Wright v. Geer, 6 Yt. 151; Mann v. Birchard, 40 Yt. 339 ; Allen v. Goff, 13 Yt. 148 ; Allen v. Lansing, 10 Vt, 114; Deragon v. Rutland, 58 Yt. 128.' The plaintiff had no right to vary the terms of the lien note, which was the contract…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The plaintiffs claim to have bought conditionally of the defendant a horse, and gave a note for a part of the consideration with a writing evidencing that the horse was to remain *287the property of the defendant until the note,was paid. On trial the plaintiffs offered parol testimony tending to show that at the time of the sale the defendant warranted the horse in certain respects. This was objected to on the ground that the writing purported to contain the whole contract, which could not be contradicted, varied, nor enlarged by parol evidence.…
2Cases cited6 opinions
- Hatch v. DanaSupreme Court of the United States · 1880
- Vail v. StrongSupreme Court of Vermont · 1838
- Hutchins v. OlcuttSupreme Court of Vermont · 1832
- Wait v. MorrisNew York Supreme Court · 1831
- Reynolds v. HassamSupreme Court of Vermont · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rutland Railway, Light & Power Co. v. WilliamsSupreme Court of Vermont · 1916
- Popplewell v. StevensonCourt of Appeals for the Tenth Circuit · 1949
- Priestley v. PetersonWashington Supreme Court · 1944
- John Deere Plow Co. v. Pierce Hardware Co.Superior Court of Delaware · 1943
- Mansfield v. StraussAppellate Terms of the Supreme Court of New York · 1900
1 more not listed; retrieve them via the Exa API.