Weaver v. Wallace

Supreme Court of New Jersey

Weaver v. Wallace

9 N.J.L. 252

DecidedSeptember 15, 1827

StatusPublished

This text of 9 N.J.L. 252 (Weaver v. Wallace) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weaver v. Wallace, 9 N.J.L. 252 (N.J. 1827).

Pincite

Opinion

Ewing, C. J.

The state of demand sets forth no legal cause of action. The plaintiff does not shew that any injury was done to him. It may be, for aught that appears in the state of demand, that he has turned the wood into coal, and sold it, and put the money in his pocket. He cannot recover merely for a false affirmation. On a warranty of title, if there was none, the purchaser could not immediately turn round and sue the vendor, nor until some injury was sustained.

Let the judgment be reversed.

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Ewing, C. J.

The state of demand sets forth no legal cause of action. The plaintiff does not shew that any injury was done to him. It may be, for aught that appears in the state of demand, that he has turned the wood into coal, and sold it, and put the money in his pocket. He cannot recover merely for a false affirmation. On a warranty of title, if there was none, the purchaser could not immediately turn round and sue the vendor, nor until some injury was sustained.

Let the judgment be reversed.

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Bluebook (online)

9 N.J.L. 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-wallace-nj-1827.