Miller v. Aldrich

Mr. Presiding Justice Puterbaugh

delivered the opinion of the court.

This is an action in assumpsit, brought by appellee against appellant, to recover damages claimed to have been sustained bjr reason of a breach of warranty of a horse purchased by him from appellant. The case was thrice tried by a jury in the Circuit Court, resulting in the disagree-' ment of the jury in one instance, and verdicts for the plaintiff in the others. Upon the third and last trial the plaintiff recovered a judgment for $75, from which the defendant appeals. The grounds urged for reversal áre, that the trial court…