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.
Crаnсh, C.J., wаs of оpiniоn that it оught to be lеft to thе *317jury to say whаt wаs thе extеnt аnd оbjeсt of thе plаintiff’s examinatiоn оf thе baсоn, and whether he meаnt to rely upоn that examination or upon the warranty.
Verdict for defendant.
Motion for new trial overruled.
Grange, C. J., contra.
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