Vanleer v. Earle
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia county. This was an action on the case brought by Henry Earle against George Vanleer. The narr. was in deceit for false and fraudulent representations in the sale of a horse, and warranting him to be sound and kind in harness. The defendant pleaded not guilty, and upon this issue the cause was tried.
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Error to the District Court of Philadelphia county. This was an action on the case brought by Henry Earle against George Vanleer. The narr. was in deceit for false and fraudulent representations in the sale of a horse, and warranting him to be sound and kind in harness. The defendant pleaded not guilty, and upon this issue the cause was tried. On the trial the plaintiff proved that on the 4th of May, 1854, he purchased a horse from the defendant for the sum of $225, Vanleer giving him a receipt for the price in which he warranted the horse “sound and kind in harness.” Evidence was also given…
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
The plaintiff below bought a horse from the defendant with an express warranty that he was sound and kind in harness. The jury found the warranty to be broken, and gave damages according to the plaintiff’s loss. On the law, so far as it applies to the merits of the case, there is no dispute. The only question raised here is a technical one. The declaration is in tort, and avers that the defendant induced the plaintiff to buy the horse by falsely and fraudulently warranting, &c. This mode of declaring in case upon a warranty was almost the…
2Cases cited1 opinion
- Executors of Evertson v. MilesNew York Supreme Court · 1810
3Cited by3 opinions
- LaGorga v. Kroger CompanyDistrict Court, W.D. Pennsylvania · 1967
- Shoe v. MaerkySuperior Court of Pennsylvania · 1908
- Dutton v. Pyle & BrownSuperior Court of Pennsylvania · 1898