Barnett v. Speir

Simmons, Justice.

This' was an action of trover for a horse. It appears from the record that the plaintiff swapped his horse for the defendant’s mare, but on the next day tendered back the mare and asked a rescission of the trade, claiming that the defendant cheated and defrauded him by false representations as to the character and qualities of the mare. The defendant refused to take back the mare or return the horse, and this action was brought. The defendant claimed that he had made no representations as to the mare, but that the plaintiff traded for her on his own responsibility. The court…