City National Bank of Lafayette v. Mason
Washington Supreme Court
Appeal from a judgment of the superior court for Fierce county, Shackleford, J., entered December 8, 1908, in favor of the plaintiff, upon withdrawing the case from the jury at the close of the evidence, in an action on a promissory note.
1Opinion of the CourtMorris, J.
Respondent, claiming to be the holder, seeks recovery upon a promissory note given by appellants to J. Crouch & Son, as part of the purchase price of a stallion. The answer sets up fraud and misrepresentations in the obtaining of the note; that its consideration was the purchase of a stallion for breeding purposes, and that there was an express warranty that the stallion was fit for breeding purposes ; that, at the time of the sale and warranty, the horse was diseased in his reproductive organs, and was incapable of *493begetting colts; that the disease was of a latent nature, unknown to…
2Cited by3 opinions
- Wells v. DuffyWashington Supreme Court · 1912
- Gottstein v. SimmonsWashington Supreme Court · 1910
- Peterson v. NicholsWashington Supreme Court · 1913