Raines v. Totman
New York Supreme Court
This action was commenced for the recovery of $1,000 damages under an alleged breach of warranty on the sale and purchase of a trotting horse. The cause was tried before the court without a jury.
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This action was commenced for the recovery of $1,000 damages under an alleged breach of warranty on the sale and purchase of a trotting horse. The cause was tried before the court without a jury. The plaintiff claimed that he purchased the horse of the defendant on his general warranty, that “he was free from disease, was sound and all right,” whereas in truth and in fact at the time of the purchase the horse was afflicted with a disease of the eyes known as “ specific optlialmia,” and soon after the purchase became totally blind and comparatively worthless for the purposes for which lie was…
1Opinion of the CourtSmith, J.
There are two questions arising in this case, each of which must De answered in the affirmative to entitle the plaintiff to recover. There must be shown a warranty and a breach of the warranty. The first question to decide is, was there a warranty: if there was not, then that is the end of the case. The mass of evidence given upon the subject of the soundness or unsoundness of this horse, it is not necessary to consider or pass upon in this case in the view I take of the matter, having found upon the question of warranty in the negative.
It is a well established rule of law that he who has the…
2Cited by6 opinions
- Stevens v. TraskNew York Court of Common Pleas · 1892
- Smith v. GunnNew York Supreme Court · 1891
- Hopkins v. ClarkNew York Court of Common Pleas · 1895
- In re WhittakerAppellate Division of the Supreme Court of the State of New York · 1901
- John Simmons Co. v. Piercy & Co.Appellate Terms of the Supreme Court of New York · 1908
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