Sweeney v. Vroman

As we understand the complaint in this case, the action is for a fraudulent warranty in the sale of a horse. It is alleged that in consideration that the plaintiff would purchase a certain horse of the defendant, the latter fraudulently undertook and promised the former that the “horse was sound and all right as far as he knew; ” that the plaint*279iff, confiding in this fraudulent promise, was induced to buy the horse at the price of $120. It is then averred that at the time of the sale the horse “ was not sound or all right,” as the “ defendant then and before that time well knew, but, to the…