Jones v. Wessel

This was an action for the price of a mare pony purchased by Jones, the plaintiff in error, from the defendant in error Wessel. It was alleged by way of answer that by one of the conditions of the contract Wessel warranted the said pony to be kind and gentle and in all respects safe and reliable, but that she was in fact vicious and balky, and that on the discovery of her true character he, Jones, elected to rescind the said contract and immediately returned her to Wessel. The reply was a general denial. ' We assume the alleged warranty to have been fully established by the evidence, but upon…