Snowden v. Waterman & Co.

Cobb, Justice.

"Waterman & Company sued Snowden for damages for a breach of warranty in the sale of certain live stock. Their • petition alleged that “said sale of stock was made without any waiver whatever, but under a general warranty implied by law as to soundness, healthfulness, etc.” It was-further alleged, that at the time of the delivery of said stock, the same were affected with the disease of glanders, which, rendered them worthless, but that this defect was not then patent, and was unknown to Waterman & Company. By amendment it was alleged, “that defendant at the time of' said sale…