Loper v. Lingo

Citations

• 29 Del. 170
• 6 Boyce 170
• 97 A. 585
• 1916 Del. LEXIS 16

Syllabus

<p>1. Sales—Breach of Warranty—Cause of Action—Essentials.</p> <p>The essentials of a cause of action for breach of warranty of soundness of a horse at time of sale are, first, that at the time of sale the horse was warranted by the seller to be sound, the buyer relying thereon, that there was a breach of the warranty, the horse proving to be unsound, and that the buyer sustained damages thereby.</p> <p>2. Sales—Warranty of Soundness—Breach.</p> <p>Any disease or infirmity of a horse sold, not visible and palpable at the time of the sale, impairing his value or usefulness, rendered him unsound, whether known to the seller or not, constituted breach of the seller’s warranty of soundness.</p> <p>3. Sales—Warranty—Creation.</p> <p>Every averment relating to a chattel made by the seller as a fact at the time of a sale and as_ an inducement thereto, if relied upon by the buyer, amounts to a warranty, since no particular words are necessary to create a warranty.</p> <p>4. Sales—Warranty—Reliance of Buyer.</p> <p>Where the buyer of a chattel relies on his own judgment and observation and deals on the strength and basis of his own opinion, no warranty results from the seller’s affirmation respecting the chattel.</p> <p>5. Sales—Breach of Warranty.</p> <p>In an action for damages for breach of warranty of a horse sold, the measure of damages is the difference between the value of the horse in his unsound condition and his value had he been sound at the time of sale.</p>