O'CONNELL v. Kennedy

This is an action of contract to recover back the price of a horse sold by the defendant to the plaintiff and paid for by him. The declaration is in four counts, and as amended alleges in count 1 the breach of an implied warranty of fitness, in count 2 the breach of an express warranty of similar character, in count 3 the breach of an implied warranty of fitness and the failure to accept the return of the horse in accordance with the “usage” of those engaged in like activities, and in count 4 a false representation of fitness. Verdicts were returned for the plaintiff on counts 1 and 2 and…