Gibson v. Hamell

Decided December 15, 1816

Columbiana County Court of Common Pleas · decided 1816-12-15

Assumpsit on a warranty of soundness in an exchange of horses. Plea — N on-assumpsit. Evidence. — The plaintiff and defendant met at a tavern, and had some conversation about exchanging horses. They could not agree on the terms, and left it to three men to say how they should trade. The plaintiff expressed some fears that if they traded the defendant would rue. The defendant assured the plaintiff that he would not rue, and offered to give security to that effect.

Decided 1816-12-15

President.

¶1Mr. Blocksom, what evidence have you given of a warranty ?

¶2Blocksom. — If we have not proven an express warranty, we hope and expect to recover on the implied warranty.

¶3President. — In the sale or exchange of personal chattels, the law implies a warranty as to the property, but not as to the quality; proof of fraud will not do, if even that was made out. You have declared *80on an express warranty, you must give evidence of an express warranty, or your action is not supported. It seems to me, that your evidence negatives all pretence of warranty as to the soundness, and that you cannot sustain the action.

Wright and Redick, for defendant.

¶4Plaintiffs counsel consented to a verdict for the defendant.