Starnes v. Schofield

This action was brought by appellees against appellants upon a promissory note. The answer alleged that the note was given for the purchase of a horse, which was expressly warranted in certain particulars; that the horse did not fulfill the warranty, whereby appellants sustained damages, which they asked to have recouped from the note.

There was a verdict in favor of appellees for the full amount of the note and attorney’s fees, upon which judgment was duly rendered.

It is first insisted that the amount of the recovery was too large, in that it included attorney’s fees. The complaint failed to…