Sandlin v. Wilder

In an action of trover to recover the possession of described mules, the defendant filed a plea of recoupment, alleging, that the mules had been bought from the plaintiff under a general warranty, implied by law, that the property was merchantable and reasonably suited to the use intended; that one of the mules was affected with glanders (a deadly and contagious disease), a fact unknown to the defendant when the mules were carried to his place of business; that the disease was communicated to others of his mules, from which four of them died; and that before the existence of the disease was…