Brush v. Smith
Supreme Court of Iowa
Appeal from Poweshiek District Gourt. — Hon. Ben McCoy, J udge. Action at law to recover damages for false and fraudulent representations and breach of warranty in the sale of hogs. There was a trial to jury, resulting in a verdict and judgment for defendant, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
*2191 2 *218The petition is in two> counts. In the first it is alleged that plaintiff purchased some hogs from defendant at a public sale, and that defendant warranted them to be free from disease; that the hogs were not as warranted, but were afflicted with cholera; that three of the hogs •so purchased died of the disease; and that the sick hogs communicated the disease to other hogs of plaintiff that were theretofore sound and healthy, whereby he lost twenty more. ■ Damages were asked for the value of the hogs so lost, *219'and consequential damages resulting from the sickness and death of all the…
2Cases cited4 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- State v. TownsendSupreme Court of Iowa · 1885
- Joy v. BitzerSupreme Court of Iowa · 1889
- Mayne v. Council Bluffs Savings BankSupreme Court of Iowa · 1890
3Cited by7 opinions
- Ball v. SkinnerSupreme Court of Iowa · 1907
- Halfpap v. GruisSupreme Court of Iowa · 1925
- State v. McCulloughSupreme Court of Iowa · 1901
- Morrow v. National Masonic Accident Ass'nSupreme Court of Iowa · 1904
- Vezina v. SouliereSupreme Court of Vermont · 1931
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