Comstock v. Hutchinson

By the Court, Mitchell, J.

Hutchinson sued the Com-stocks for breach of warranty on the sale of a horse. The warranty was that he was sound and kind. The horse was sold by the Comstocks to Hutchinson between the 16th and 23d October, 1845, for $215,16, and had been bought in the previous spring for $190. On the 23d of October, a veterinary surgeon examined the horse, and pronounced him unsound, and that the unsoundness was of a chronic character. He had, however, never seen the horse before, and at this time saw him only for fifteen minutes.- The other witnesses all agreed that the lameness…