77 Vt. 157 | Vt. | 1904
It is found that at the time of the sale of the mare at auction the plaintiff represented her as sound and .all right, and the defendant then understood that she was so represented. During the auction and before the sale of the mare the auctioneer several times announcd that “everything should be as represented or 1101 sale.” These statements were not made with reference to any specific article, nor was any specific article excepted therefrom. They therefore had the same application to the mare as they did to other property. It is also found that the mare was sometimes lame, caused by “a strain of the main muscles of the left shoulder, which is an unsoundness and considered incurable;” that after the defendant had purchased the mare and on the same day, he rode in a buggy to his home in Dummerston, a distance of nine miles, leading her behind.' That day he did not notice that she was lame, but the next morning “she was stiff in
Judgment reversed, and judgment for the defendant to 1recover his costs.