Legal Opinion

Kemp v. Mays

Indiana Court of Appeals

Decided April 27, 1920No. 10,348PublishedCited by 3 opinions

From Jay Circuit Court; E. E. McGriff, Judge.; Action by Thomas J. Mays against William Kemp and another. From judgment for plaintiff, the defendants appeal.

1Opinion of the CourtMcMahan, J.

This is an action by appellee, a farmer, against appellants for damages incurred by appellee by reason of appellants having sold him a number of hogs alleged to have been afflicted with cholera, and which appellants warranted to be healthy and free from disease. The cause was tried by a jury and resulted in a verdict and judgment for appellee.

The error relied upon for reversal is that the court erred in overruling appellants’ motion for a new trial. Appellants contend that the verdict is not sustained by sufficient evidence and is contrary to law, and insist that there is no evidence to…

2Cases cited4 opinions

  1. Joy v. BitzerSupreme Court of Iowa · 1889
  2. Borden v. GilbertWisconsin Supreme Court · 1861
  3. McClintock v. Emick, Stoner & Co.Court of Appeals of Kentucky · 1888
  4. Little v. WoodworthNebraska Supreme Court · 1879

3Cited by3 opinions

  1. Wiseman v. Wolfes Terre Haute Auto Auction, Inc.Indiana Court of Appeals · 1984
  2. Martin Rispens & Son v. Hall Farms, Inc.Indiana Court of Appeals · 1992
  3. Bud Wolf Chevrolet, Inc. v. RobertsonIndiana Court of Appeals · 1986

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