McCorkell v. Karhoff

I. On the seventh day of January, 1890, the defendant Hartley sold to Howard Mc-Corkell (a son of the plaintiff) a stallion named Hero for the agreed price of one thousand, eight hundred dollars, and two mares for five hunded dollars. In a bill of sale, the stallion was warranted to be “sound and healthy, and, with proper handling, a foal getter.” In the petition, besides the averments of a breach of the warranty, it is averred that, to induce McCorkell to purchase the stallion, Hartley verbally represented the stallion to be a sure foal getter, and that he had personal knowledge of the fact…