Henry v. Henry

Decided August 15, 1814

Supreme Court of Vermont · decided 1814-08-15

THIS was an action of as'sumpsit, in which, the plaintiff declared, in substance, that, on the nineteenth day of February, 1811, the plaintiff bought of the defendant, and the defendant sold to the plaintiff a certain mare for the sum of one hundred dollars, then and there paid by the plaintiff to the defendant; and that the defendant, on the sale, in consideration thereof promised the plaintiff that said mare was not more than seven years old, and that she was every way…

Decided 1814-08-15

By the Court.

¶1There is no variance, in substance, between the declaration and the proof, and the plaintiff has not declared on the written instrument. A promise that the mare would be seven years old the next spring after the sale, is in substance, a promise that she was not more than seven years old at the time of the sale. If it be considered that the warranty contained in the bill of sale, extends to the age of the mare, there is no material variance between the declaration and the evidence.

¶2The evidence was admitted and the jury found a

¶3Verdict for the plaintiff.