Wiggins v. Long

Tennessee Supreme Court

Wiggins v. Long

1 Thompson 65, 1 Shan. Cas. 41

DecidedSeptember 15, 1850

StatusPublished

This text of 1 Thompson 65 (Wiggins v. Long) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wiggins v. Long, 1 Thompson 65, 1 Shan. Cas. 41 (Tenn. 1850).

Pincite

Opinion

GREEN J. : '

• This was an exchange of a horse for a jack, with a representation that the jack would perform those duties for which such animals are designed. It was a condition in the sale that the jack was to he retained six months on trial. ■ This condition did not vary the right to sue upon the warranty, except by postponing the right to return the property immediately. It did not do away with the warranty, but upon the refusal of Wiggins to accept the jack when returned, the plaintiff might well sue upon the warranty.

Judgment affirmed.

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GREEN J. : '

• This was an exchange of a horse for a jack, with a representation that the jack would perform those duties for which such animals are designed. It was a condition in the sale that the jack was to he retained six months on trial. ■ This condition did not vary the right to sue upon the warranty, except by postponing the right to return the property immediately. It did not do away with the warranty, but upon the refusal of Wiggins to accept the jack when returned, the plaintiff might well sue upon the warranty.

Judgment affirmed.

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Bluebook (online)

1 Thompson 65, 1 Shan. Cas. 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-long-tenn-1850.