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5 D.C. 316

McVeigh v. Messersmith

Decided October 15, 1837

Case, on warranty of a lot of bacon. The plaintiff offered in evidence a printed advertisement in the Alexandria Gazette, of a lot of “ prime bacon,” to be sold by the defendant; and that he paid for it the full price of sound bacon. The defendant offered evidence to prove that the plaintiff came to the warehouse of the defendant, and looked at the bacon as it hung, and, after examining it as much as he thought proper, agreed to take it.

Good law ✅— No negative treatment on recordhow we know

Decided 1837-10-15

How this case has been cited

Cited by 5 later decisions (1 by the Supreme Court) — most recently February 1902

1 federal appellate ·

1018371840185018601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The Court

(Cranch, C. J.,

¶2contra,) gave the instruction asked by Mr. Semmes, and refused that asked by Mr. Taylor.

¶3Cranch, C.J., was of opinion that it ought to be left to the *317jury to say what was the extent and object of the plaintiff’s examination of the bacon, and whether he meant to rely upon that examination or upon the warranty.

¶4Verdict for defendant.

¶5Motion for new trial overruled.

Grange, C. J., contra.
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