Davis & Co. v. Preston

Preston sued Davis & Smith as partners. His petition was substantially as follows: The defendants have injured and damaged petitioner in the sum of $300 or other large amount. Plaintiff was the owner of a bay mare mule worth $100. He .exchanged this mule with the agent of the defendants for a sorrel mare, and gave his note for $85 “to boot.” At the time of the trade, defendants’ agent represented that the mare was a good worker to both wagon and plough, that she was sound, and would do the work of a good mule, that she had been bred to a jack, and that she would “drop a colt” within a few…