Legal Opinion

Wears v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided June 27, 1912PublishedCited by 4 opinions

Appeal by the plaintiff, George W. Wears, from an order of the County Court of Franklin county, entered in the office of the clerk of said county on the 18th day of October, 1911, and also from a judgment entered in said clerk’s office on the same day reversing a judgment of the justice of the peace in favor of the plaintiff, rendered on the 26th day of January, 1911.

1Opinion of the Court

Lyon, J.:

This action was brought to recover damages on account of an alleged breach of warranty in the sale of a horse, the plaintiff claiming that during the negotiations for the sale one of the defendants stated to him that the horse “was a good, straight horse and all right,” relying upon the truthfulness of which the plaintiff purchased the horse, paying the defendants therefor $225. The plaintiff testified that within an hour of the delivery of the horse and the payment of the purchase price he discovered that the horse was blind, of which fact he -notified one of the defendants the'…

2Cases cited2 opinions

  1. Murtagh v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
  2. McRavy v. BartoAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by4 opinions

  1. King Paint Co. v. Lang, New York County Courts1913
  2. Miller v. GullbergAppellate Division of the Supreme Court of the State of New York · 1937
  3. Wears v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1912
  4. Wears v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1912

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