Smith v. Hanson

The opinion of the court was delivered by

West, J.:

The plaintiffs bought a large amount of álfalfa with which to feed sheep, and after having paid for the same and claiming to have discovered a large shrinkage in the amount brought this suit to recover the difference. They alleged, among other things, that the defendant represented that the alfalfa amounted to about 900 tons, and,

“That defendant to induce plaintiff to pay for more hay or alfalfa than there really was, did falsely state, represent and warrant to them, that 400 cubic feet of said hay measured as defendant • measured it, would…