Cochran v. Chitwood

This was an action of assumpsit, brought on a promissory note. The defense sought to be interposed is, that there was a failure of the consideration for which the note was given. It was given to secure the purchase money of a pair of mules, sold by the agent of the plaintiff to the defendant Chitwood. It is alleged, that the agent of the plaintiff warranted the mules to be sound, when, in fact, they were not sound, and by reason of the unsoundness, they both died shortly after they were sold to the defendant.

There is a conflict of evidence as to whether there was, in fact, any warranty as to…