Coon v. Reed

Brady, .J.

The assignor of the plaintiff sold and delivered a hofise to the defendant on a Saturday, and the defendant promised to pay the price demanded on the following Monday. He declined, however, to do so, alleging that the horse was lame, and that the warranty of soundness given at the time of the sale had been violated. Tlie defendant then insisted upon the vend- or’s talcing back the horse, which being declined ho sent him to a livery stable. After lie bad remained there for some weeks, tbe vendor took him into his possession, and having assigned the claim which he made against the…