4 Yeates 521
Decided July 15, 1808
Supreme Court of Pennsylvania · decided 1808-07-15
Writ of error to the Common Pleas of Franklin county. This was an action of deceit on the exchange of the plaintiff’s grey gelding for the black gelding of the defendant, the plaintiff all edging a warranty on the part of the defendant, that his horse was sound, though in fact he had slipped his shoulder. The cause was tried at Chambersburgh on the 5th November 1803, when the following bill of exceptions was sealed by the court.
Decided 1808-07-15
¶1The whole that passed at the time of the exchange of the horses ought to be received in evidence. It formed but one transaction, and the jury should judge upon the whole. Even admitting that the biter was bit, and that the plaintiff ought to have recovered something, the jury could not assess his damages, unless the value and soundness of the horse he had swapped was shewn to them.
¶2The rest of the court assenting hereto,
¶3Judgment affirmed.