Evans v. Malone

This suit was instituted by Harrison Evans against Jack Malone in the circuit court to recover the purchase price of a purebred Hereford cow and the expenses of her upkeep because of the alleged misrepresentation of her condition during and at the time of the sale.

Under the pleadings and the evidence, the sole question was whether the condition of the cow at the time of the sale was fairly stated or was misrepresented.

Jack Malone developed a large herd of purebred Hereford cattle. Because of his health, it was found necessary to dispose of the animals; and, on-that account, he determined to…