Zimmerman v. Brannon
Supreme Court of Iowa
Appeal from Wayne District Court. — Hon. H. M. Towner, Judge. The defendants bought, at the stock? yards at Omaha, Neb., a lot of hogs, and shipped them to. Cory-don, Iowa, and sold four of them to the plaintiff. Three of them afterwards died of hog cholera, or swine plague, and plaintiff brings this action to recover damages, alleging fraud in the sale, and a warranty that the hogs were sound and free from disease. The answer was a general denial.
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Appeal from Wayne District Court. — Hon. H. M. Towner, Judge. The defendants bought, at the stock? yards at Omaha, Neb., a lot of hogs, and shipped them to. Cory-don, Iowa, and sold four of them to the plaintiff. Three of them afterwards died of hog cholera, or swine plague, and plaintiff brings this action to recover damages, alleging fraud in the sale, and a warranty that the hogs were sound and free from disease. The answer was a general denial. Upon the trial there was a yen diet for the plaintiff, and from a judgment thereon thq defendants appealed.
1Opinion of the CourtGIeanoee, J.
1 I. Of the hogs shipped to Cory-don, some were sold to James Keho and to others, and parties talked with defendant® with a view of buying, but did not. It appears that some of the hogs were diseased when sold, and died soon after, Keho, .and some others, who purchased, and others who talked with defendant® about the hogs, but did not purchase, were witnesses for the plaintiff, and were permitted to state, against objections, that defendant Brannon, who did the selling, represented the hogs as all fight, and healthy. The court, in admitting the evidence, regarded it proper on the question of…
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