McGowan Bros. Herndon v. Egger

Plaintiff's action is to recover damages arising out of the sale by defendant to plaintiff of thirty-two head of heifers. A verdict and judgment in the sum of $700 was obtained and defendant has appealed.

The gist of the wrongful act complained of is that the defendant, “in order to induce the plaintiff to buy said heifers, falsely and fraudulently represented,” that all of said heifers were good breeders; that ten of them, the three-year-olds, were bred to a registered Hereford Bull and were with calf by him, and that the others were “open,” that is, not bred, whereas in truth and in fact…