Rogerson v. Rudd

Opinion by

Mr. Justice Hall.

The parties appear here in reverse order of their appearance in the trial court; the defendant in error will be referred to as plaintiff and plaintiff in error as defendant.

Plaintiff commenced this action to rescind a contract entered into with defendant whereby defendant had sold and delivered to plaintiff certain registered cattle, and as payment for which plaintiff had paid to defendant $5000.00 and given his note for the balance of the purchase price. Plaintiff’s complaint alleges that the cattle were warranted to be registered or eligible for registration and…