Witmer v. Hershey

Hassler, J.,

This was an action on a check given by the defendant to the plaintiff in payment for a horse. The check was dated April 18, 1924, and was for $100. The defendant resisted its payment, for the reason that it was given for a horse which was warranted to be sound and was not as warranted. It was delivered by the plaintiff to the Warwick House stables, and when the defendant discovered that it was not as warranted, he returned it to the same stable, notifying the plaintiff that he had done so.

Three questions were raised at the trial: (1) Whether the horse was warranted to be sound;…