Broquet v. Tripp
Supreme Court of Kansas
Error from Mitchell District Court. Action brought by Tripp against Broquet, to recover damages arising from the sale of certain sheep.
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Error from Mitchell District Court. Action brought by Tripp against Broquet, to recover damages arising from the sale of certain sheep. The plaintiff stated in his petition that on or about September 21, 1882, he bought and received of defendant two hundred sheep, for which he paid $650; that on or about February 1,1883, he bought and received of defendant two hundred other sheep, for which he paid $700, and that defendant warranted all of said sheep to be sound and free from disease. Plaintiff averred that all of the sheep were unsound and diseased when bought by him as aforesaid, and became…
1Opinion of the Court
Opinion by
Holt, C.:
1' £e|>f action competén®es’ Plaintiff in error, defendant below, makes several assignments of error. The first one that we wish to consider is, that the court erred in admitting testimony, over the objection of the defendant, tending to show the condition of the entire fiock of sheep kept by Ramage, including the two hundred purchased by Ovelman in February, 1883. He claims that unless the sheep of the plaintiff were distinguished from those of Ovelman, there could be no testimony introduced showing that they were diseased. "We think that this objection is not well taken.…
2Cases cited2 opinions
- Brockman v. BerryhillSupreme Court of Iowa · 1864
- Carpenter v. City of St. PaulSupreme Court of Minnesota · 1876
3Cited by10 opinions
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- T. N. O. R. R. Co. v. SyfanTexas Supreme Court · 1898
- Challis v. HartloffSupreme Court of Kansas · 1933
- Dold v. SherowSupreme Court of Kansas · 1976
- Atchison, Topeka & Santa Fe Railroad v. RichardsSupreme Court of Kansas · 1897
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