Wallace v. Shoemaker

Appellees filed a complaint against appellants in three paragraphs, the second of which asked damages for an alleged breach of a warranty in a contract for the sale of a Poland China sow named “Queen Miss”, while the third alleged that appellees were induced by fraud to enter into the contract of sale, and had given notice of a rescission and tendered back the animal purchased, and asked to recover back the purchase money.

The first paragraph was dismissed. Appellants demurred to the second paragraph for want of facts sufficient to constitute a cause of action; specifying that it did not aver…