Weaver v. Penny

This suit was on a promissory note given by appellant to appellee, for the price of some two hundred sheep sold by the latter to the former. The defense made, was that the sheep were warranted to be sound and free from disease ; that they were, in fact, diseased, and many of them died; and that they communicated the disease to a herd of short-horn cattle, resulting in the death of several of the cattle. Appellant claimed damages for breach of the warranty, and sought to recoup or set off such damages. The verdict was for the appellee for the full amount of the principal' and interest unpaid…