Metcalf Live Stock Co. v. Short

Metcalf Live Stock Company sued on a promissory note. In addition to a general denial of indebtedness, the original plea of the defendant contained the following: “For further plea this defendant says that the consideration as is shown in the note was for a certain bay mare. The plaintiff fraudulently represented to the defendant that the said mare was perfectly sound and healthy, and said mare did appear to be, but defendant, after a few days trial, discovered that she was badly and incurably bellowsed, and as a result thereof was almost worthless. This defect was not discovered by ordinary…