Axford v. Gaines

Action on a promissory note. Verdict- for the defendant. From an order denying the plaintiff’s motion for judgment notwithstanding the verdict or for a new trial and from the judgment entered on the verdict, the plaintiff appeals.

The plaintiff was engaged in the business of selling stallions. He negotiated a sale to a number of Oliver county farmers. The defendant was one of these purchasers. He gave- his notes for $240 as a part of the purchase price; of the horse so bought. The plaintiff'sold the horse under the terms of a written warranty, in part as follows: ‘‘It is mutually agreed that…