Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 114

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 114

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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. 1888 edition. Excerpt: ...between the actual value of the goods at the time of sale and what would have been their value had they been as warranted. SAME.--Loss of Trade.--Interroga.tories to J1n"y.--Judgment Notwithstanding General Verdict.---For interrogatories to the jury and answers thereto which are held not sufiicient to authorize a judgment for the plaintiff, notwithstanding the general verdict, in an action for goods sold, where the defendant pleaded a breach of warranty and asked damages for loss of trade, etc., see opinion. SPECIAL VERDlCT.--What Facts Jury May Find.--The particular facts which a jury may be required to find specially, under section 546, R. S. 1881, are facts which underlie the rights of the parties, and which may be established by the evidence. From the Owen Circuit Cour_t. ' S. O. Pickens and W. A. Pic/sens, for appellants. D. E. Beem and W. Hickam, for appellee. ZOLLARS, J.---Appellants brought this action against'appellee to recover the amount of a bill of goods which they claimed to have sold to him. _ Appellee answered by a general denial, and, also, that he purchased by sample from appellants, through their travelling salesman, goods of the kind described in the complaint, and that they were warranted to be of the best material and substantially made; that they were of such inferior quality, and so defect-ively made, that they were worthless; that the defects were such as could be discovered only by use and wear, and could not have been discovered at the time the goods were received, by the use of ordinary care; that he purchased the goods for the retail trade, and that, relying upon the warranty on the part of appellants, he warranted them to his customers; that, when their worthlessness was discovered by use and wear, more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • English
  • Illustrations, black and white
  • 1236904028
  • 9781236904027