Dietrich v. Badders
Superior Court of Delaware
Action of Assumpsit (No. 40, January Term, 1913) upon a promissory note, made by the defendants, payable to the order of the plaintiff, for the sum of two hundred and fifty-nine dollars and ninety-two cents, being the price bid for a mare and a rake, at a public vendue of certain property of the plaintiff, together with lawful interest and protest charges.
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Action of Assumpsit (No. 40, January Term, 1913) upon a promissory note, made by the defendants, payable to the order of the plaintiff, for the sum of two hundred and fifty-nine dollars and ninety-two cents, being the price bid for a mare and a rake, at a public vendue of certain property of the plaintiff, together with lawful interest and protest charges. The defense was partial failure of consideration, and damages sustained, by way of recoupment, the contention being that the mare was warranted to be sound or no sale, while in fact she was foundered at the time of sale, and damages were…
1Opinion of the Court
Woolley, J.,
charging the jury:
Gentlemen of the jury:—This action was instituted by the plaintiff against the defendants upon a promissory note, made by *501the latter to the order of the former, whereby the plaintiff seeks to recover from the defendants the sum of two hundred and fifty-nine dollars and ninety-two cents, the principal of the obligation, with lawful interest thereon from the fifth day of October, A. D. 1912, together with the sum of.one dollar and seventy-one cents protest charges. The plaintiff proves that the note was given in payment of the purchase price of a mare and a rake,…
2Cases cited4 opinions
- Benson v. Wilmington City Railway Co.Superior Court of Delaware · 1910
- Love v. Barnesville Manufacturing Co.Superior Court of Delaware · 1901
- Webster v. BeebeSuperior Court of Delaware · 1910
- Barnesville Manufacturing Co. v. LoveSupreme Court of Delaware · 1902
3Cited by3 opinions
- Schroeder v. ZykanMissouri Court of Appeals · 1953
- Handy v. Uniroyal, Inc.District Court, D. Delaware · 1971
- Waldman Produce, Inc. v. Frigidaire Corp.Appellate Terms of the Supreme Court of New York · 1935