Henry v. Henry

Supreme Court of Vermont

Henry v. Henry

1 D. Chip. 265

CourtSupreme Court of Vermont

DecidedAugust 15, 1814

StatusPublished

Cited by1 cases

This text of 1 D. Chip. 265 (Henry v. Henry) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henry v. Henry, 1 D. Chip. 265 (Vt. 1814).

Pincite

Opinion

By the Court.

There 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.

The evidence was admitted and the jury found a

Verdict for the plaintiff.

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By the Court.

There 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.

The evidence was admitted and the jury found a

Verdict for the plaintiff.

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Bluebook (online)

1 D. Chip. 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-henry-vt-1814.

Opinion

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