Mann v. Everston

The appellee sold to the appellants a quantity of kiln-dried corn-meal, of his own manufacture, for *356shipment to New Orleans. The purchaser sued for bread* of warranty and fraud in the sale, alleging, that the meal1 was not well dried as warranted and represented, whereby it spoiled, to his damage. The answer was a denial. The evidence was contradictory and conflicting, and the determination of the issue of fact depended largely upon the credit due to the various witnesses; and yet we are asked to reverse the judgment upon: the evidence. It ought by this time to be considered as settled, that…