A Practical Treatise on the Law of Horses, Embracing the Law of Bargain, Sale, and Warranty of Horses and Other Live Stock; The Rule as to Unsoundness and Vice and the Responsibility of the Proprietors of Livery, Auction and Sales

A Practical Treatise on the Law of Horses, Embracing the Law of Bargain, Sale, and Warranty of Horses and Other Live Stock; The Rule as to Unsoundness and Vice and the Responsibility of the Proprietors of Livery, Auction and Sales

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...maintained trover for him against the purchaser? "The trial by Sewell, which was to precede the purchase, was to be made in New York, and within a reasonable time; hence the title and ownership must have continued in the defendant until a fair opportunity was offered for making the trial. It appears in this case, that the plaintiff after receiving the horse drove him several times without complaining of his qualities; and from the evidence, it is fair to assume that he would have been satisfied if a serious unsoundness had not have been discovered. "It is not the case of an absolute sale made at Keyport, with possession remaining in the seller merely as a lien, or to secure the payment of the purchase money. " Another error assigned is, that the judge instructed the jury that their verdict could in no way depend upon the value of the plaintiff's horse. " How could the value of that horse enter into the question of damages? Sewell was to give $200 for the colt. He paid $100 cash in New York, and at the same time passed his own horse over to Perrin, at what he might be worth, on account of the balance. The defendant never informed the plaintiff of his estimate of the value of the horse sent to him. If he would not at the time fetch enough to make up the full price of $200, Perrin had his action; against Sewell for the balance. There was no error in this instruction of the court. "The defendant also excepted to the following part of the charge: ' The measure of damages of the plaintiff is the difference between the horse, if sound, and as he was; and you shall also allow the plaintiff the expenses of doctoring the horse.' The rule as to the measure of damages was correctly stated, and has been...show more

Product details

  • Paperback
  • 189 x 246 x 6mm | 204g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236991575
  • 9781236991577