Walls v. Gates

This is a proceeding commenced originally before a justice of the peace. The plaintiff, in his written statement of the cause of action, alleges that he purchased a horse of defendant for $140, which defendant warranted sound, and accustomed to work in harness; that the horse, at the time of the sale, was unsound, and would not work in harness, by reason of all which he was worthless; that plaintiff offered to return the horse on payment of the purchase-money, to which defendant agreed, but has failed and refuses to receive the horse and return the purchase-money. Plaintiff tenders the horse,…