Malone v. Keith

Opinion of the Court by

Chief Justice Sampson

Affirming.

Averring that they had purchased of appellee Keith seventy (70) hogs at the price of thirteen cents (13c) per pound, on a warranty of sound condition, Malone and Daugherty brought this action in the Mason circuit court against Keith to recover of him $700.00 damages for loss by cholera, a contagious disease, of forty-five (45) of the seventy (70) hogs purchased of him; and a loss of about fifty (50) hogs owned by them and on their farm at the time they purchased the hogs from Keith and which last hogs contracted the disease from the Keith…