Lewis v. Breitling

RICE, Justice.

The pleadings were so framed as to properly litigate the issue of whether or not there was a breach of warranty in the sale of one of the mules, for the purchase price of which the note sued on was given.

In this connection there was evidence of the value of the mule, that it was sold for a certain price, and warranted to be sound, all right, and suitable for plantation purposes, such as plowing. There was also testimony offered on behalf of appellant to the effect that the mule was “no account.”

The Supreme Court of Alabama has held that when a witness’ testimony was to the…