Legal Opinion

Wing v. Chapman

Supreme Court of Vermont

Decided August 15, 1876PublishedCited by 3 opinions

Case for false warranty of a yoke of oxen. Plea, the general issue, and trial by jury, September Term, 1875, Redfield, J., presiding.

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Case for false warranty of a yoke of oxen. Plea, the general issue, and trial by jury, September Term, 1875, Redfield, J., presiding. The second count alleged that the defendant offered to sell the plaintiff a yoke of oxen; that thereupon the plaintiff told the defendant that, having the care of a farm occupied by an aged man and his crippled son, he wished to' buy a yoke of well-broken, orderly, and peaceable oxen, such as might be safely used by the occupants of said farm; that the defendant, then well knowing the said oxen to be wild, disorderly, and hard to yoke, falsely and fraudulently…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The declaration sets forth a contract of the defendant to deliver a well-broken and manageable yoke of oxen, suitable for use on the plaintiff’s farm by an aged man and his crippled son. The plaintiff's evidence tended to show the making ol such contract, and its breach. The defendant offered evidence *35to prove the cash value of the oxen at the time of the sale, and the same .was admitted against the plaintiff’s objections. The pertinency of this evidence'will depend upon the construction that should be given to the contract in issue. The…

2Cases cited2 opinions

  1. Beals v. OlmsteadSupreme Court of Vermont · 1852
  2. Brown v. SaylesSupreme Court of Vermont · 1854

3Cited by3 opinions

  1. Rogers v. WT Grant CompanySupreme Court of Vermont · 1974
  2. Warren v. BuckSupreme Court of Vermont · 1898
  3. Gates v. MooreSupreme Court of Vermont · 1878

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