Darling v. Stuart
Supreme Court of Vermont
Action for deceit and false warranty in the sale of a horse. Plea, the general issue. Trial by jury at the June term, 1890, Powers, J., presiding. Yerdict and judgment for the defendant. The plaintiff excepts. The defendant obtained the horse from his brother in Illinois in the winter of 1889, and sold him to the plaintiff in July of the same year. It appeared that the defendant had used the horse somewhat about his farm work while he owned it.
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Action for deceit and false warranty in the sale of a horse. Plea, the general issue. Trial by jury at the June term, 1890, Powers, J., presiding. Yerdict and judgment for the defendant. The plaintiff excepts. The defendant obtained the horse from his brother in Illinois in the winter of 1889, and sold him to the plaintiff in July of the same year. It appeared that the defendant had used the horse somewhat about his farm work while he owned it. There was no direct evidence in the case that the horse, while in the defendant’s possession, was not perfectly sound, gentle and kind, or but that he…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch. J.
The plaintiff purchased a horse of the defendant. He seeks to recover damages growing out of the purchase, on two grounds : First, that the defendant warranted the horse to be sound and kind, and secondly, that he fraudulently *574represented the horse to be sound and kind. He alleges that the horse was neither sound nor kind. The plaintiff- excepted to the charge of the court, that “ in order to entitle the plaintiff to recover on the ground of deceit the plaintiff must make it appear that .the representations made by the defendant to him were…
2Cases cited2 opinions
- Cabot v. ChristieSupreme Court of Vermont · 1869
- Twitchell v. BridgeSupreme Court of Vermont · 1869
3Cited by6 opinions
- Midlantic National Bank North, N.A. v. Borg-Warner Acceptance Corp. (In Re Mayo)United States Bankruptcy Court, D. Vermont · 1990
- Stevens v. BloodSupreme Court of Vermont · 1916
- Howton v. E. A. Strout Farm AgencySupreme Court of Vermont · 1916
- Bartlett v. BonazziSupreme Court of Vermont · 1917
- Sockman v. KeimNorth Dakota Supreme Court · 1909
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