Tewkesbury v. Bennett

— I. A consideration of the numerous errors presented, in an order different from that of their assignment, will be conducive of clearness and brevity. The question which naturally presents itself for our primary consideration is, whether the colloquy between the parties to the, contract amounted to a warranty, on the part of plaintiff, of the soundness of the sheep. The testimony bearing upon this branch of the ease is quite brief.- A short time before the purchase plaintiff proposed to sell defendant the sheep. Defendant asked “ if the sheep were healthy; if there was any disease among…