Berry v. Shannon

Lumpkin, Justice.

Shannon brought an action against Berry upon two promissory notes for $337 and $338, respectively. The defense was that these notes were given for the price of a jackass, which the seller expressly warranted to be suitable for the principal purpose for which an animal of this character can be made serviceable; It appeared from the defendant’s evidence, that the animal was not suitable for this purpose, and therefore was worth considerably less than he would have been had he come up to the warranty, but that nevertheless he had sold the animal to a third person for the sum of…