Strauss v. West

This is an action of assumpsit to^ recover the agreed consideration for the sale of a race horse which, after delivery, the defendant rejected for an alleged breach of warranty. The case was tried to a superior court justice, sitting without a jury, and resulted in a decision for the plaintiff. It is before us on the defendant’s exceptions to the decision and to an. evidentiary ruling.

The uncontradicted evidence discloses that plaintiff was the owner of a race horse stabled at Belmont Park, a race track located in New York, when on April 27, 1962 it was purchased by defendant and at the…