Hebard v. Cutler
Supreme Court of Vermont
Action to recover damages for an alleged breach of warranty in the sale of an automobile by defendant to plaintiff. Plea, the general issue. Trial by jury at the June Term, 1916, Orange County, Stanton, J., presiding. Verdict and judgment for plaintiff. Defendant excepted.
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Action to recover damages for an alleged breach of warranty in the sale of an automobile by defendant to plaintiff. Plea, the general issue. Trial by jury at the June Term, 1916, Orange County, Stanton, J., presiding. Verdict and judgment for plaintiff. Defendant excepted. The declaration alleged that defendant warranted the automobile to be in good condition, sound and strong in all its parts, able to develop 35 H. P., whereas it was old, worn out, broken and defective and had much less than 35 H. P. Plaintiff introduced in evidence an instrument in writing as follows: “Order and Contract.…
1Opinion of the CourtMunson, C. J.
The suit is for the breach of a warranty claimed to have been made in a contract for the sale of an automobile. The plaintiff introduced in evidence the written instrument shown in the statement of the case, and testimony tending to establish the making and breach of a parol warranty of the article described in the writing. This testimony was objected to as tending to vary the written instrument, and an exception was taken to its admission.
In receiving the evidence of a warranty against the defendant’s objection, the court held the writing to be merely an order and agreement to pay, and no…
2Cases cited2 opinions
- Linsley v. LovelySupreme Court of Vermont · 1853
- Putnam v. McDonaldSupreme Court of Vermont · 1899
3Cited by9 opinions
- O'Boyle v. Parker-Young Co.Supreme Court of Vermont · 1921
- Shea v. PiletteSupreme Court of Vermont · 1937
- Neill v. WardSupreme Court of Vermont · 1930
- Brattleboro Retreat v. Town of BrattleboroSupreme Court of Vermont · 1934
- Parker v. BowenSupreme Court of Vermont · 1924
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