American union. [volume] (Morgantown, Va. [W. Va.]) 1855-1859, 1858-07-09
Morgantown, (Va) Friday, July 8, 1855.
IMPORTANT TO BUYERS AND Sell
LERS OF HORSES.

IMPORTANT TO BUYERS AND Sell
LERS OF HORSES.
lUNE 12.-PeUon ys. Spear and
Egertson.-This is an action for dam
ages for alleged fraud in the sale of a
pair Of horses by defendants to plan.
tlI, and for which lie paid them $500.
Plaintiff told defendants that he wanted
pair of horses for the private family
carriage of gentleman. The defend
ants said they had a pair that would
suit him; both defendants wero pres.
ent at the sale. One of the horses
had run away with defendant Egbcrt-
son last November, and he told the
other defendant of it at the time. The
other defendant Spear, told the plan
till that the horses were gentle and
kind as far as he had driven or seen
them. lie says he did not say they
were gentle and kinds so far as he knew;
he did not, however, tell the plaintiff
that the horses had run away with his
partner although he knew the fact
The horses did not prove gentle or
kind; they ran away with the plaintiff,
broke his carriage, and injured himself
very much, breaking his coIlar:bone
and three of his ribs. Witnesses were
called to prove the difference in the
value of the horses. Some testified it
to be $500 and some as low as $1OO.
BY the Court. This action is for
fraud in the sale of a pair Of horses
There are three glasses Of actions in
the sale of horses: First, on warran-
ty; Second, on fraud Third on a
fraudulent warranty. On a warranty
alone, if the action is made out, the
defendants must respond in damages
to the actual amount the plaintiff has
sustained, and no more, because he
may representa- horse to be sound, kind
or gontie, believing him to be so. In
such case he has acted honestly, and
therefore while he yas liable to the
actual damages, he should not be visi-
ted with smart money. In the other
two cases, if the action is made out the
defendant must have been guilty OF @
moral wrong; and in such cases courts
and juries are required to give DANA
ges with"a liberal and dunsparing hand" "
not only as compensation to the plan
, tiff on bringing the defendant to JUS
tice, but to teach the defendant NOR
al lesson. As has been we'll said, most
men think when dealing in horses, that
that they are released from all moral
objection. Such is not the law. If a
merchant dealing in broadcloth should
know that mice had gone into the end
OF a bale and eaten hole through sew
eral folds, and should sell it to Il Gus
toner without ,divulging such know
ledge, there is not a horse dealer in the
country but would say the merchant
ought to respond in damages, and the
E law says SO, too. A fraud may be
perpetratcd by the Withholding of a
fact, as well as by the utterance of a
falsehood, and if these defendants
knew thCt those were runaway hor-
ses, they were bound in law, in hon.
esty and good faith to make that fact
.known to the plaintiff as was the mcr-
chant in the case just stated. A man
may obtain $500 for o horse that has
the theaves," and that is not worth
$40. Yet such fraud would not be
, as great as the one here in question. -
In the former case the plaintiff could
only lose his $500; in this case (the
selling Of the runaway horses) the
piantiG might have lost his life and
the lives of his wife and family. He
runs such risk at any rate, and With.
out knowing it.; and in this case the
plaintiff ran such risk. He was iniur,
cd by the running away; hclay sense.
less for sometime and is not well YET
Men may be found who would run
suoh risk for a hundred dollars, and
am not sure but that even at that price
they set too high value upon their
lives. They are the best judges or
that point. In this case the plaintiff
and both defendants testify to facts
that the Jaw pronounces frauds, sc
there is no dispute, but the action il
made out. The limited jurisdiction O.
this Court will not allow damages tt
be assessed with ga liberal and unspar
ing hand" therefore the plaintiff mus
be content with $500 damages Judg
ment accordingly.--N Y. HeraM.
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