Hawkins v. Haynes

Fred Hawkins sued Clyde Haynes upon a promissory note for $250. Haynes pleaded that a horse worth $50, $35 in cash, and the $250 note sued on were given to the plaintiff for two mules; that the mules were not fitted for the purpose intended; that the plaintiff “guaranteed said mules to be straight and sound in every way;” that the next morning after the purchase of the mules they were sick and that one of them died in five days and the other in seven days. Defendant prayed for judgment for the $85 he had paid the plaintiff. Plaintiff demurred to defendant’s answer, and the demurrer was…