Brazee v. Bryant

Plaintiff sues to recover one hundred and sixty dollars paid by him to the defendant for a horse. The horse was sold and delivered and the money paid on a Sunday. The plaintiff kept the horse some six or eight weeks, and then returned it, saying it was not what the defendant had recommended it to be, and demanded the return of his money. The defendant refused to repay the money, and this suit was instituted.

On the trial the parties appear to have gone into evidence respecting a warranty of the soundness of the horse, and whether the warranty was broken. The plaintiff claimed that the horse…