Libby v. Haley

The defendant sold the plaintiff a horse, presumably with a warranty of soundness. For breach of this warranty the plaintiff attempted a rescission, and sues for the purchase money. The sale was August 22. The plaintiff claimed that he returned the horse for the purposes of rescission in a few days thereafter, and introduced testimony tending to prove the fact. The defendant says that it was some two weeks, not until September 8th, and introduced evidence tending to prove it. The court below properly instructed the jury that the rescission must be made within a reasonable time, and refused to…