Miske v. Thom

This is an action for breach of warranty of a borse wbicb tbe plaintiffs purchased of tbe defendant under an alleged warranty of soundness, but wbicb was found to be suffering from glanders soon after tbe purchase. Tbe defendant denied tbe warranty, but upon tbe trial a general verdict was found for tbe plaintiff, assessing damages at $121.77, and from judgment on tbe verdict tbe defendant appeals.

Tbe errors claimed will be briefly noticed.

1. It is claimed that there was no evidence tending to show that tbe borse bad glanders at tbe time of tbe sale. This claim is untenable. Tbe time of tbe…