Pike v. Hauptman

Duffie, C.

Action upon a promissory note given in part payment for a team of horses. The defense was breach of warranty. A full statement of the issues made by the pleadings will be found in the opinion of Mr. Commissioner Albert, Hauptman v. Pike, 77 Neb. 105. Plaintiff recovered in the district court, and defendant has appealed.

The only errors alleged by appellant arise from a blemish upon one of the horses, which defendant claims was a *173spavin. On the former trial one Ojers was a witness for the plaintiff. February 20, 1907, plaintiff caused a subpoena to issue for said Ojers, which was…