Dietrich v. Badders

Citations

• 27 Del. 499
• 4 Boyce 499
• 90 A. 47
• 1913 Del. LEXIS 72

Syllabus

<p>1. Sales—Defenses—Breach of Warranty.</p> <p>20 Del. Laws, c. 588, providing that want or failure in whole or in part of the consideration of bills and notes may be shown as a defense, when the action is between the original parties, a buyer of a horse warranted to be sound may, when sued on the note for the price by the payee, rely on breach of warranty and recoup in damages.</p> <p>2. Trial—Weight of Evidence—Credibility of Witnesses—Question for Jury.</p> <p>The jury are the exclusive judges of the weight of the testimony and credibility of the witnesses, and must, if possible, reconcile the testimony; but, if that cannot be done, they must accept that testimony, which they consider to be most worthy of belief, in view of the intelligence, interest, and bias of the witnesses.</p> <p>3. Principal and Agent—Authority of Agent—Evidence.</p> <p>Whether a mother, selling personalty at public auction, authorized her son to make a warranty, may be implied from the general authority which she permitted him to exercise in managing the sale.</p> <p>4. Auctions and Auctioneers—Warranty—Reliance by Buyer.</p> <p>A seller at public vendue, who affirmatively asserted at the sale that a horse was good and sound, except for a visible injury, and commended_ its good qualities, did not thereby warrant it as to soundness; but if, at the time of the sale, he made representations as to its soundness as an inducement to a sale, and the buyer relied thereon, there was a warranty of soundness, whether the seller knew of any unsoundness.</p> <p>5. Sales—Contracts—Warranty'—Breach.</p> <p>A warranty of the soundness of a horse sold is breached, where a disease not visible and palpable at the time of sale impaired its usefulness, whether known to the seller or not; but the warranty is not breached where, subsequently to the sale, the horse becomes diseased while in the possession of the buyer.</p> <p>6. Sales—Warranty—Knowledge of Buyer.</p> <p>A buyer of a horse, who had full knowledge