Passcuzzi v. Pierce

I. The petition is in a single count, and sets up both warranty and fraudulent representations. No attack was made upon it.

On a Sunday, defendant sold and delivered to plaintiff a number of hogs. Plaintiff testifies that defendant said to him that the hogs were “well and all right,” and if plaintiff wanted to buy theni, defendant knew they were all right. Defendant complains that the evidence does not show that defendant knew that his representation wras false, or that it was fraudulently made. The action, however, is on unqualified warranty, as well as for false representations. In an action…