Fisher v. Whitehurst

Fisher sued Whitehurst on a promissory note, payable to Fisher & Willis, alleged to have been given for the purchase-price of a horse, and on an open account for $50 which it was alleged the defendant had agreed to pay as boot in a swap of that horse for another horse owned by the sellers. The defendant answered, admitting the execution of the note, but denied that the plaintiff was the owner thereof. He admitted also that he agreed to pay the $50 boot, but set up, as an affirmative defense, that the sellers of the horse warranted his soundness, and that the horse was totally worthless and…