Mitchell v. Jones

SADLER, Justice.

The defendant (appellee here) recovered judgment below on a cross complaint filed against plaintiffs, who sought recovery from defendant on a promissory note representing the balance of the purchase price of a bull sold for breeding purposes. Plaintiffs sold defendant the bull on May 15, 1939, for the agreed price of $85, of which $50 was paid in cash and the balance evidenced by defendant’s promissory note due six months after date.

The plaintiffs represented and warranted to defendant at the time of the sale, as found by the trial court, that “the bull so sold was a good…