Scott v. Waldeck

Maxwell, Ch. J.

The petition alleges in substance, that in April 1878, Waldeck purchased a Jack from Scott, for the sum of $175.00, $75.00 being paid at the time of the purchase and a promissory note given for $100.00, which Waldeck was afterwards compelled to pay; that said animal was warranted, etc., but was entirely worthless and of no value -whatever. The answer admits the sale, but denies the warranty. On the trial of the cause, a verdict for the *6sura of $150.00, was rendered in favor of Waldeek, upon which judgment was entered.

Two errors are assigned in this court: First. That the…