McLachlan v. Cuny

JANVIER, Judge.

McLaehlan sues on an overdue promissory, note admittedly executed by Cuny.

Cuny asserts that the note was given in payment for certain cows purchased from McLaehlan, and contends that, though each of the said cows was guaranteed by McLach-lan’s sales agent as capable of producing a certain specified quantity of milk, one of them produced no milk at all and died ten days after the sale, and the others have never produced milk in quantities even approximating the amounts they were said to be capable of producing.

On the trial it appeared that the sale had included not only the four…