Hassinger v. Newman

The first paragraph of the complaint alleges that the appellant bought of the appellee a horse, and in payment therefor delivered toi him a note executed by Milton Brugh; that he then warranted in express words the solvency ■of the maker, and that he, the maker, had property subject to ■execution sufficient to pay the note; that appellee relied on the warranty and accepted the note. This paragraph, in appropriate terms, charges a breach of this oral warranty.

It will be observed that the complaint charges an express warranty made as a part of the contract, and for the purpose of securing…