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Per Curiam : This was an appeal from the judgment of a justice of the peace. The declaration was in assumpsit in the common counts, with a special count — informally drawn — upon the warranty of a horse. It is not pretended there was any express warranty, but the plaintiff relied upon a representation alleged to be false and fraudulent. For that the proper action would be case for deceit, of which the justice had no jurisdiction.
Judgment affirmed.
Document Info
Docket Number: No. 299
Citation Numbers: 1 Pennyp. 397
Filed Date: 11/7/1881
Precedential Status: Precedential
Modified Date: 2/18/2022