Legal Opinion

Glann v. White

Michigan Supreme Court

Decided July 24, 1914No. Docket No. 119PublishedCited by 1 opinion

Error to Lapeer; Smith, J. Case by Loren Glann against Ripley White and Kirk White, copartners as White Bros., for breach of warranty of the soundness of a team of horses. Judgment for plaintiff. Defendants bring error. This action arises from an alleged breach of warranty of the soundness of a team of horses sold by defendants to plaintiff on April 24, 1912, at Lapeer, Mich.

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Error to Lapeer; Smith, J. Case by Loren Glann against Ripley White and Kirk White, copartners as White Bros., for breach of warranty of the soundness of a team of horses. Judgment for plaintiff. Defendants bring error. This action arises from an alleged breach of warranty of the soundness of a team of horses sold by defendants to plaintiff on April 24, 1912, at Lapeer, Mich. The team was driven by the son of the plaintiff to Flint, a distance of 20 miles, where they were placed in a feed barn and taken care of. Before arriving at Flint, the son had noticed that one of the horses did not…

1Opinion of the CourtKuhn, J.

(after stating the facts). It is the contention of appellants that the court erred in permitting plaintiff to testify as to the number of acres of different kinds of crops he intended to put in in the spring of 1912 and the number he was prevented from putting in because of the loss of the horse and the sickness of the others. It is urged that these damages are too remote, contingent, uncertain, and speculative. At the time the team was purchased, the defendants knew the purpose for which it was bought, as defendant Ripley White testified:

“They [plaintiff and son] were going to farm it. They…

2Cases cited4 opinions

  1. Allison v. ChandlerMichigan Supreme Court · 1863
  2. Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
  3. Krzyszke v. KaminMichigan Supreme Court · 1910
  4. Arnold v. WhiteMichigan Supreme Court · 1908

3Cited by1 opinion

  1. Gates Rubber Co. v. Kold-Hold Manufacturing Co.Michigan Supreme Court · 1950

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