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Dushane Vs. Benedict
Cites for this judgment
- US Supreme Court
- Mar 14, 1887
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U.S. 630 (1887) U.S. Supreme Court Dushane v. BenedictSearch
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U.S. 630 (1887) Dushane v. BenedictSearch
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in excess of the plaintiff's claim, and this sum was therefore in dispute. Ryan v. BindleySearch
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inspect them before delivery, there is an implied warranty that they shall be reasonably fit for that purpose. Jones v. JustSearch
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a case, in Pennsylvania, as at common law, the action upon the warranty may be either in contract or in tort. Vanleer v. EarleSearch
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of deceit, and must be supported by proof that he knew the representations to be false when he made them. Kimmel v. LichtySearch
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McFarland v. NewmanSearch
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King v. EagleSearch
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cattle, and it contains a substance which poisons the buyer's cattle, the seller is responsible for the injury. French v. ViningSearch
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Wilson v. DunvilleSearch
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of the disease to the buyer's other animals, either in an action of tort for the false representation. Mullett v. MasonSearch
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Jeffrey v. BigelowSearch
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Faris v. LewisSearch
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Sherrod v. LangdonSearch
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Marsh v. WebberSearch
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Minn. 418, or in an action on the warranty, either in tort, Packard v. SlackSearch
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Smith v. GreenSearch
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C.P.D. 92, or even in contract, Black v. ElliotSearch
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Fost. & Finl. 595. See also Randall v. NewsonSearch
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recover. In England, this is only allowed so far as it affects the value of the goods sold or of the work done. Davis v. HedgesSearch
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Harrington v. StrattonSearch
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Sawyer v. WiswellSearch
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Allen 39, 42. In Bradley v. ReaSearch
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spread to the others, and of which they died. Mr. Justice Hoar, delivering judgment, after referring to Mullett v. MasonSearch
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Allen 23. A similar decision was made in Rose v. WallaceSearch
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Ind. 112. The later decisions of this Court, modifying the earlier decision in Thornton v. WynnSearch
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Wheat. 183, affirm the same doctrine. Withers v. GreeneSearch
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Railroad Co. v. SmithSearch
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U. S. 709 , 105 U. S. 717 . In Winder v. CaldwellSearch
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How. 55 U. S. 443 . In Railroad Co. v. SmithSearch
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that is to say, with leave to prove any special matter. Swift v. HawkinsSearch
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Lewis v. MorganSearch
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Light v. StoeverSearch
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Mackey v. BrownfieldSearch
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Howk v. GeddisSearch
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McConnel v. HallSearch
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Uhler v. SandersonSearch
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St. 128. And the practice was long ago recognized and acted on by Mr. Justice Washington in the circuit court. Latapee v. PecholierSearch
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Webster v. WarrenSearch
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by way of recoupment only, without the aid of the statute), but even in an action upon a distinct contract. Steigleman v. JeffriesSearch
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Nickle v. BaldwinSearch
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