Oliphant v. Garman

LESTER, V. C. J.

The parties on appeal appear in the reverse order to that in the court below, and for convenience will be referred to as they appeared there.

The plaintiff brought an action to recover the price of certain hogs purchased from the defendant. The plaintiff in his petition alleged in part that at the time the defendant sold said hogs to the plaintiff the defendant represented to him that the said hogs were healthy, and plaintiff purchased said hogs by reason of said representation, but at the time of said representation and sale of said hogs to the plaintiff, said hogs were…