Jackson v. Wetherill
Supreme Court of Pennsylvania
In ERROR. ERROR to the Court of Common Pleas of P hila delJhia county- This action was brought by Samuel P. Wetherill, plaintiff below, against William Jackson. The opinion of the Court 'below, delivered in their charge to the jury, was filed of record, at the request of the defendants’ counsel.
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In ERROR. ERROR to the Court of Common Pleas of P hila delJhia county- This action was brought by Samuel P. Wetherill, plaintiff below, against William Jackson. The opinion of the Court 'below, delivered in their charge to the jury, was filed of record, at the request of the defendants’ counsel. It was now brought up by the writ of error, and was as follows : The defendant sold the plaintiff' a mare for 150 dollars ; but, after trial, alleging that she was not such' a mare as he ■ had contracted for, offered'to return her, and-demanded his money back. The defendant refused to receive her, or…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
In this action, which on the state of the record and charge of the Court, must be considered as an assumpsit on the warranty of a mare, sold by Jackson to Wetherill, and not an action of deceit for a false representation of her qualities, the only question was,, whether evidence that before. Wetherill nad agreed to purchase the mare, Jackson had told him repeatedly he wás sure that she was perfectly safe, kind, and'gentle in harness, and that Wetherill, from this statement, being satisfied as to her safety, purchased her, amounted to a…
2Cases cited2 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Holden v. DakinNew York Supreme Court · 1809
3Cited by3 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Ricks v. DillahuntySupreme Court of Alabama · 1838
- Duffee v. MasonCourt for the Trial of Impeachments and Correction of Errors · 1827