Bowen v. Zaccanti

The appellant here filed in a Justice Court in Barry County, in which he seeks to recover from defendant the sum of $112.50, alleged to have been paid to the defendant as a purchase price of a horse. The petition is based upon the breach of an express warranty to purchase the horse when the sale took place. The court, after hearing the evidence introduced on plaintiff’s part, sustained a demurrer to the evidence and rendered judgment accordingly. The plaintiff assign^ error to the court’s action.

On examining the testimony offered by the plaintiff, we find that it tends to show that on March…