Nutting v. Watson, Woods Bros. & Kelly Co.

Action for damages based upon an alleged breach of warranty in the sale of a stallion. Judgment for the defendant, and the plaintiff appealed. .

The contract of sale reads as follows: “Know all men by these presents: thát we have this day sold to F. O. Nutting the imported Percheron stallion Demon, No. 46,420, color, grey black. Foaled 16th day of Mdy, 1900. We guarantee mares bred with impregnator, properly used, same as with stallion. In consideration of the sum of $2,000, the receipt of which is hereby acknowledged. Guarantee. If the above named stallion does not get sixty per cent, of the…