U.S. Circuit Court for the Dis...1837Check Treatment
The Court
(Cranch, C. J.,
contra,) gave the instruction asked by Mr. Semmes, and refused that asked by Mr. Taylor.
Cranch, C.J., was of opinion that it ought to be left to the *317jury to say what was the extent and object of the plaintiff’s examination of the bacon, and whether he meant to rely upon that examination or upon the warranty.
Verdict for defendant.
Motion for new trial overruled.
Grange, C. J., contra.
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