43 Vt. 25 | Vt. | 1870
The opinion of the court was delivered by
The plaintiffs claim to recover of the defendant for a false warranty of the horse which they received for the white-faced mare and their note for $137.50 payable to the defendant. The exception is to the charge of the court in relation to whether Fuller, in negotiating the trade, acted as the agent of the defendant, or in his own behalf.
The view most favorable to the defendant that can be taken of the evidence disclosed in the case, is, that the defendant authorized
In another part of the .charge, the court told the jury that “ the defendant would be bound by Futher’s representations, if he authorized him, as his agent and on his account, to sell or otherwise dispose of the horse ; or if after the trade had been made, he adopted and ratified it as made on his own account. ” As general propositions, this part of the charge cannot be said to contain
Judgment reversed, and new trial granted.