Eagan v. Murray

The opinion of the court was delivered by

Dawson, J.:

The plaintiffs recovered judgment against the defendants on a promissory note for $300, given in payment-for a breeding jack which plaintiffs- had sold to the defendant upon a warranty that it would beget forty per cent of foals, *194and upon an agreement to take back the animal if his breeding record did not fulfill the warranty. The contract of sale was referred to in the promissory note, and a copy of the contract was attached to plaintiffs’ petition. The contract also provided that in case of a return of the animal, the defendants were to…