Lutz v. Forbes

This action was instituted to recover of the defendant, a horse-drover from the State of Missouri, damages to the amount of one thousand dollars, which plaintiff alleges he suffered in the fraudulent sale of a horse to him, which, though warranted sound, was, at and prior to the time of the sale, diseased with the glanders.

The prescription of two months and also of one year, is plead by defendant. Article 2513 of the Code, amended by the statute of 1828, p. 160, $ 22, declares, that all suits for the redhibitory defects of animals, may be instituted within two months after the date of the…