Fales v. McKeon

By the Court, Hilton, J.

The plaintiff sues to recover damages alleged to have arisen from the sale of a horse by the defendant. It appears that in June, 1857, the defendant sold and delivered to Henry H. Morange a stud horse, wagon, harness, blankets, &c., for the sum of $200, and, on receipt of the price, executed and delivered a bill of sale, containing a warranty that the horse was sound, with the exception of being sprung in the knee. At the same time, as the plaintiff alleges, the defendant verbally agreed that if, at any time within six months, the things thus sold were returned to him,…