, 1870-06-06
THE LAW COURTS.
That Pickle Suit.--WhNt EOnstl-
tutes q WarFRntee.
Alleged Land swindle--.False Repre-
sentations-Young Minor Again.



Tna p1CKLR CAaE-WHAr IS A WARRANTED
Chicago Pickle Company Y. NJ q. Buchanan and
William Il. krctsuger. This causo was on trtAl
during almost all Of last week, and 1t ended In
mistrial, the Jury failing to agree. THIS was an
act!on on the case 10 RECOVER for an alleged breach
of wA1rnutee Of an est2bllshment for the making Of
legged deceit upon the sale Of the establishment,
4 Hpf f. IT, ats fsnn e ans pee os of
Waa WaYfaAtee, then there should be recover II
the goods sold wele uimc chanthhlc. and the
measure Of damaBcs would be the difference "
value they would hare had hnd they cnnformtd 70
the condition warranted, And upon the matter OF
wnr,antee, there IA not n sM, to o. used
the M eas!.ty ard eendlllon e a ~ goods
T5ss s1asDee5 oi se sas s' sy ~ rals cd
az Implication that the vendor guaranteed Re
CONDITION and the vendee purchased under the
M s psna ass sf
be sold, the goods being actually OF q quality IN
recover, T. ut nut II the rcpreseniaiions were made be
Que defendant, without the knowledge Of the
other, then the verdict should run only % 70 one
rantee It must appear thut both joined IN tho war
tantee, hnt this condition was COIL
pete ene maSs ;se otbn; y MI wl'n 6n,o,ens tns
a. to- anl coumcndatons Of, the quality OF goods,
understood to lie such by tho buyer, which 10 noe
constitute part Of the consideration OF The put-
chase arc not wnTrattces, nor does an express
war1nntee cover obvious defects; and 10 enable
recovery for breach, the defect must exist at the
moment Of sale. As to whether statement maze
ts IN untnIoll only, the Court snd lin substlncel
that where representations re!ate only 70 the value
I OF the thing su!d, then It Is an opinion, anu foE
| such there could he no recovery for breach OF
wa11autee fraud, because every false rcpreseti.
ta1lOn does not amount 10 truuut TAelelo!e, II
| hy osd,uary p1ecaution, the platntln could haVe
asccrtaintu that the representations tlE any were
nadt} were false, then there could oe no teceeeeYs
| LAND sWISDLE
| James Kelly =. A. 2. Smith, Ease. damages,
$500. Plaintiff seeks to recover under the folloT-
! Ing state Of case He alleges that be owned pail
Of horses, wagon, and harness. which, during May
,nss, defendant offered to purchase, Offering Two
luts located within thrcc-quartcrs OF mile OF tue
HYDE Park House, at 3 valuation Of s22a, as par
consideration, and $3.50 In money. Upon this 0Gel
| he took plalntH to spe the land, anu showed him
souc property witch he represented to be Tie
mi. be owned and proposed 70 bazser. ORoI
entered into, defendant executing q deed Of tEt
let's and p1aG'nE the caEh payment, when , ~
vehicle and appurtenances were transferred Sub
scquenty, plaintiff learned that the Hropert!
| showed him wps located almost IN tne centre
the South T8rk, worth many times the price u va
| valued to him at, ami not tho lants ueeaeA, saa
land being upon the borders OF, OF ln the Calumt
Swamp. viii present, though very nctlslous
value Of $40.
| DEED TO CHURCH.
Joshun. O. Young Y. the FEee-WN hApas
! Chu1cb. OF Dnc n;and, It ais. Decree passed dc
! CsariDp void iced to defendants OF LOT T, b0c
IS, Young,a Addition to blue Island.