Jackson v. Gifford

WILLIAMS, Justice.

Parties are referred to herein as in the trial court.

Plaintiffs Jackson and Ray are the owners of a place of business where auction sales are conducted, known as the Paw-huska Auction. They sued defendant Gif-ford to recover $825.74, the amount of a check given by defendant after purchasing some hogs at the auction sale; defendant stopped payment on the check before it cleared the bank.

Defendant’s answer alleged failure of consideration in that within a few days after the sale, all of the hogs except 4 had died. It further alleged that there was an express warranty as to the…