Detjen v. Moerschel Brewing Co.

— This action is to recover damages for breach of warranty and for fraud practiced in' the sale of a mule. Answer, a general denial. Plaintiff recovered a verdict and judgment in the circuit court and defendant appealed.

The sale of the mule was at a public auction conducted by defendant on its farm in Pettis county. The secretary of the defendant company, Mr. Urban, was present during the sale. The mule in question Was small, poor, and afflicted with a disease of the kidneys, of which fact the evidence of plaintiff tends to show Mr. Urban had knowledge though he denies having had such…