| N.Y. Sup. Ct. | Feb 15, 1810

Per Curiam.

There was no express warranty or fraud proved in this case. The plaintiff below purchased the waggon, on sight, and the assertion of the defendant, that it was worth more than its real value, furnishes no ground of action, (l Johns. Rep. 97. 274. 414. 4 Johns. Rep. 228. 4 Johns. Rep. 421.) The judgment below must be reversed.

Judgment reversed:-.

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