Reed v. Hastings

This was an action of assumpsit on a promissory note, with the common counts. The note was given for a flock of sheep, and the defense was, that the plaintiff represented to the defendant that the ewes, of which there were more than three hundred in the flock, had not been with the bucks&emdash;not more than a dozen of them&emdash;and that not more than that number were with lamb. The case turns upon this point. The testimony was conflicting, and it was a fair question for the jury whether the representations made were a warranty or a mere expression of opinion. This court has said that no…