Montgomery v. Hanson

The sale of the stallion in question was accompanied by the execution and delivery by defendant to plaintiff of a certain written instrument, in which defendant warranted the horse to be “ ervieeably .sound as serving stallion,” and agreed that if me horse should not prove himself to be a fifty per cent, foal getter, “after a fair trial on breeding mares,” the plaintiff should return him to defendant and receive, another horse of equal value, that was supposed to be sure. In addition to provisions for a privilege to exchange,'which are not material in this controversy, it was further…