Gridley v. Globe Tobacco Co.

This action was brought to recover the amount of a promissory note given by defendant for the accommodation of Bobert Wagner upon the sale of ahorse by plaintiff to Wagner.

The defense was 'made by Wagner, who claimed that the plaintiff, at the time of the sale of the horse to him, warranted such horse to be sound, whereas he-was unsound; and that, soqn after he discovered the horse was unsound, he tendered the horse back to plaintiff, and demanded the note; and that said plaintiff then and there admitted that he had deceived said Wagner, and agreed to receive back the horse, and return the…