29 Del. 170 | Del. Super. Ct. | 1916
charging the jury.
This action is brought by the plaintiff to recover damages for an alleged breach of a warranty in the sale of a horse to him by the defendant on the eighth day of April, 1915.
The plaintiff, therefore, claims that he is entitled to recover as damages the full amount that he paid for the horse.
The defendant denies that the horse was unsound at the time of sale, or that he warranted him to be sound. He also denies that he said the horse was all right in every way, or used any language equivalent thereto; and he also denies that the plaintiff bought the horse upon the faith of any representation made by him.
Applying this law to the present case, we say, that if the
If you are not satisfied by a preponderance of the evidence that the horse was unsound at the time of sale, or that the defendant warranted him to be sound at that time; or if you are not satisfied that the plaintiff relied upon the alleged warranty of the defendant when he bought the horse, your verdict should be for the defendant.
Verdict for plaintiff.