Cole v. Carter

KEY, Associate Justice.

—This is an action to rescind a contract of sale and recover the consideration paid for 193 hogs, upon the ground that they were diseased at the time of the sale and were represented by the seller to be sound. This is the second appeal, and some of the questions now involved were decided against appellant upon the former appeal. 42 S. W. Rep., 369. At the last trial in the court below, the plaintiff recovered judgment and the defendant has appealed.

Among other items of damage set up in the plaintiff’s petition was $113.25 “for money alleged to have been paid by him to…