Hostetler v. Bartholomew

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment for the return of the price paid for a stallion purchased for breeding purposes, for which the animal was incapacitated. An item for freight charges and cost of keeping the animal was also claimed and allowed.

Error is assigned on the admission of evidence and the instructions to the jury are criticised.

It is urged that evidence of the conversations between plaintiff and one Dedrick when defendant was not present should have been excluded. The evidence showed Dedrick’s agency, that he brought the principals…