Groves v. Jones

The plaintiff brought this suit to recover $465 paid to the defendant as the purchase price of a number of cattle. The declaration consists of the common counts and a special count alleging that, at the time of the purchase, the cattle were infected with contagious abortion, of which the plaintiff had no knowledge until after the sale. He rescinded, demanded a return of the purchase price, and, on refusal, brought this suit.

Defendant filed a plea of the general issue with notice of special defense that he did not guarantee the cattle to be free from contagious disease; that, on the contrary,…