Ward v. Marvin
Supreme Court of Vermont
General Assumpsit to recover the purchase price of a horse. Plea, the general issue. Trial by jury at the March Term, 1905, Orleans County, Tyler, J., presiding.. Verdict and judgment for the plaintiff. The defendant excepted. Any use of the property, after the discovery of the fraud, is a waiver of the right to rescind. Mayer v. Dwinell, 29 Vt. 298; Benjamin, Sales, § 675; Cookingham v. Dusat 41 Kan. 229; 41 Kan. 444; 105 Mass. 551; 83 N. Y. 300; 4 Mass. 502; 42 N. H. 316.
1Opinion of the CourtPowers, J.
Assumpsit for the recovery of the purchase price, of a certain horse which the plaintiff purchased of the defendant on or about the 15th of April, under the latter’s false and fraudulent representation that it was a good, moderate worker, practically sound, not more than eight years old, and suitable to work with a Perdieron horse which the plaintiff then owned.
Within a day or two after the purchase, the plaintiff discovered that the horse was a “puller” and a “whistler” when used as a driver, but thought that it might act better in that regard when put to work; within a week he found that…
2Cases cited8 opinions
- Chamberlin v. FullerSupreme Court of Vermont · 1886
- Brainard v. Van DykeSupreme Court of Vermont · 1899
- Cookingham v. DusaSupreme Court of Kansas · 1889
- Norton v. GleasonSupreme Court of Vermont · 1889
- Downer v. SmithSupreme Court of Vermont · 1859
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3Cited by5 opinions
- McAllister v. BenjaminSupreme Court of Vermont · 1923
- Brown v. AitkenSupreme Court of Vermont · 1914
- Unadilla Silo Co. v. M. A. Hull & SonSupreme Court of Vermont · 1916
- Brown v. City Of South BurlingtonCourt of Appeals for the Second Circuit · 2004
- Brown v. City of South BurlingtonCourt of Appeals for the Second Circuit · 2004