Highsmith v. Hammonds
Supreme Court of Arkansas
Appeal from Crawford Chancery Court; J. V. Bourlcmd, Chancellor; This action was brought by appellants to foreclose a mortgage given by appellee to secure the payment of his notes for the purchase money of a stallion sold to him. Appellee admitted the purchase of the stallion, the execution of the mortgage and purchase money notes, and set up a breach of a verbal and written warranty -made to him on the purchase of the horse, and claimed damages on that account.
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Appeal from Crawford Chancery Court; J. V. Bourlcmd, Chancellor; This action was brought by appellants to foreclose a mortgage given by appellee to secure the payment of his notes for the purchase money of a stallion sold to him. Appellee admitted the purchase of the stallion, the execution of the mortgage and purchase money notes, and set up a breach of a verbal and written warranty -made to him on the purchase of the horse, and claimed damages on that account. The guaranty contract was introduced in evidence by appellee, as follows: “Highsmith Bros., Importers of French Draft, Perdieron,…
1Opinion of the Court
1. Evidence — varying written contract by paroe. — A written contract may not be varied by parol evidence. (Page 403.)
2. Saees of chattees — breach oe warranty — burden op proof— Where, in an action for the purchase money of a chattel, the vendee relies for defense on a breach of a warranty, the burden is on him to prove such breach. (Page 403.)■
reversed.
STATEMENT BY THE COURT.
“guarantee contract.
“We, the undersigned, guarantee the above-named stallion to be a fifty per cent, breeder, bred to regular-breeding mares. Said mares to be tried and re-tried and correct dates of service and trial…
2Cases cited3 opinions
- Hefner v. HaynesSupreme Court of Iowa · 1894
- Duffie v. PrattSupreme Court of Arkansas · 1905
- Sessions v. HartsockSupreme Court of Arkansas · 1861
3Cited by12 opinions
- Nunn v. BrillhartTexas Commission of Appeals · 1922
- Crouch & Son v. LeakeSupreme Court of Arkansas · 1913
- First Nat. Bank of Lafayette v. FullerCourt of Appeals of Texas · 1917
- Ford v. FixSupreme Court of Arkansas · 1914
- Harrison v. WalkerSupreme Court of Arkansas · 1916
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