Love v. Perry

The note sued on was for the purchase-price of a horse, and expressly excluded any warranty by the vendor as to the age, health, life, or soundness of the property therein described, and further provided that, except the warranty of title, “no other warranty shall be implied as against the vendor." The court, therefore, did not err in striking the plea which attempted to set up the defense that the horse which was the consideration of the note did not measure up to the parol representations made by the seller at the time of the sale. All' such representations were necessarily merged into the…