McClintock v. Emick, Stoner & Co.

.JUDGE HOLT

delivered the opinion oe the court.

- The appellees sue for damages resulting from the unsoundness of a lot of mules purchased by them of the appellant.

The first paragraph of the petition, as amended, avers that “ the defendant represented to these plaintiffs that said mules were all right'; * * * * that they relied upon the said statements made as aforesaid, and were induced thereby to make said purchase.” It does not allege that the appellant “warranted” them, or that he “represented” in what particular respect they were “ all right,” or that he expected or intended the appellees…