Duffy v. McHenry Horse Exchange

His Honor, CHARLES P. CLAIBORNE,

rendered the opinion .and decree of the Court, as follows:

Petitioner avers that on March 11th, 1913, he purchased of defendant for the price of $190.00 cash a horse warranted serviceably sound; that at the time of said sale said horse was afflicted with “Equine Influenza” or Strangles; that on March 13th, petitioner notified defendant of that fact; that petitioner spent $59.95 in medical assistance, and that said horse died March 29th, he prays for judgment for $249.95.

Defendant admits the sale, but avers that it took place on March 9th, that $15.00 was paid on…