Vann v. McCord

The cause was tried on counts 1, 7, 8, 9, and 10. Counts 1, 8, and 9 claimed as for a breach of warranty in the sale of 24 hogs, and counts 7 and 8 were a claim for deceit in the sale of the same hogs. There were demurrers to counts 7, 8, 9, and 10 of the amended complaint, which were by the court overruled. What we miay say as to the’ counts claiming as for a breach of warranty can be based upon a consideration of count 8, which is here set out as follows :

“The plaintiff claims of the defendants the further and additional sum of $300 for that on or about the 20th day of January, 1925, the…