Bateman v. Warfield

1. Where one sells another a jack, to be used for the purpose of breeding mules, there is an implied warranty that the jack is reasonably suited to the uses intended; and it follows that where suit was brought on a promissory note given for the purchase-price of such a jack, a plea setting up that the jack was impotent and totally' unsuited for the uses intended should not have béen stricken.

2. In such a case the defendant may plead a breach of such an implied warranty, notwithstanding it was stipulated in the note that the vendor “does not warrant the health or soundness of said animal.” It…