Andrews v. Kerr

Action on a promissory note, in which, by answer filed, the defendant admitted the due execution and delivery-of the instrument in suit, but alleged that it was given to evidence in part an indebtedness arising in a contract of sale of a horse, of the terms of which there was a warranty that the animal was “sound and all right,” relied on by defendant, but which was untrue, in that the horse *619was a “cribber” or “crib-biter;” that by the breach of the warranty the defendant had been damaged in a stated snm. As the result of a trial of the issues joined the plaintiff was accorded a recovery of…