Legal Opinion

Bragg v. Morrill

Supreme Court of Vermont

Decided August 15, 1876PublishedCited by 9 opinions

Assumpsit upon a warranty of a piece of wrought iron shafting. The case was referred, and the court, at the September Term, 1875, Powers, J., presiding, rendered judgment on the report for the defendant. Exceptions by the plaintiff. The case appears from the opinion. cited Beals y. Olmstead, 24 Yt. 114; Pease v. Sabin, 38 Yt. 432 ; Jones v. Bright, 5 Bing. 533 ; Brown v. Edgington, 2 M & G. 279 ; Shepherd y.

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Assumpsit upon a warranty of a piece of wrought iron shafting. The case was referred, and the court, at the September Term, 1875, Powers, J., presiding, rendered judgment on the report for the defendant. Exceptions by the plaintiff. The case appears from the opinion. cited Beals y. Olmstead, 24 Yt. 114; Pease v. Sabin, 38 Yt. 432 ; Jones v. Bright, 5 Bing. 533 ; Brown v. Edgington, 2 M & G. 279 ; Shepherd y. Pybus, 3 M. & G. 868 ; Gray v. Gox, 4 B. & C. 108; 1 Parsons Oont. 469. cited Goslin v. Hod-son and Fisk, 24 Vt. 140; Paddock v. Strobridge, 29 Yt. 470; Sanborn v. Herring et al. 6 Am.…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The plaintiff claims to recover of the defendant damages sustained by two defects — one an imperfect weld and the other a flaw — in a wrought iron shaft, twenty-four feet long and two inches in diameter, .that he purchased of the defendant. The defendant did not manufacture the shaft, further than to turn *46it the whole length, so that the plaintiff could attach pulleys to it at any point he chose. There is no complaint that the defendant did not properly perform what work he did upon the shaft. The defects in the shaft were alike unknown to the…

2Cases cited3 opinions

  1. Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
  2. Beals v. OlmsteadSupreme Court of Vermont · 1852
  3. Pease v. SabinSupreme Court of Vermont · 1866

3Cited by9 opinions

  1. O'BRIEN v. Comstock Foods, Inc.Supreme Court of Vermont · 1965
  2. Reynolds v. General Electric Co.Court of Appeals for the Eighth Circuit · 1905
  3. T. B. Scott Lumber Co. v. Hafner-Lothman Manufacturing Co.Wisconsin Supreme Court · 1895
  4. Whaley v. Milton Const. & Supply Co.Missouri Court of Appeals · 1951
  5. Wisconsin Red Pressed Brick Co. v. HoodSupreme Court of Minnesota · 1897

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