Court v. Snyder

This was an action on a promissory note, brought by the appellee against the appellants.

There was an answer in two paragraphs. The court sustained a demurrer to both paragraphs of the answer, and this ruling is assigned as error.

The note was given as the purchase-price of a mare. The answer attempts to set up what the appellants designate as an implied warranty, though we confess it appears to us more as an effort to plead an express warranty.

The averments of the first paragraph of the answer are, that the mare for which the note was given, and which constituted the only consideration for…