Byers v. Sherrill

Opinion op the Court by

Hobson, Commissioner—

Affirming.

The appellees Sherrill, Wilson, and Pryor sold at .auction some mules. Appellant, Henry Byers, bought at the sale a pair of mules for $345. In this action, brought by the appellees against him for the price, he pleaded as a counterclaim that appellees’ agent guaranteed the mules to be sound, good working mules, and to work anywhere. He prayed damages for the breach ■of the warranty. The appellees denied that there was any guaranty of the mules, and also pleaded that the matter had been settled between the parties. The circuit court…