STRAUSS v. WEST

Ex. No. 10819.

216 A.2d 366 (1966)

JOSEPH R. STRAUSS vs. RICHARD WEST.

Supreme Court of Rhode Island.

January 24, 1966.


Attorney(s) appearing for the Case

Ralph Rotondo, Joseph A. Bevilacqua, Providence, for plaintiff.

Albert Lisker, Providence, for defendant.


POWERS, Justice.

This is an action of assumpsit to recover the agreed consideration for the sale of a race horse which, after delivery, the defendant rejected for an alleged breach of warranty. The case was tried to a superior court justice, sitting without a jury, and resulted in a decision for the plaintiff. It is before us on the defendant's exceptions to the decision and to an evidentiary ruling.

The uncontradicted evidence discloses that plaintiff was...

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