Kirk v. Trabue
Indiana Court of Appeals
From Rush Circuit Court; John D. Megee, Judge. Action by John F. Kirk against Samuel H. Trabue and another. From a judgment for defendants, the plaintiff appeals.
1Opinion of the CourtIbach, C. J.
1. This Fas an action for damages growing out of the sale of a horse, alleged to have been owned by appellees, and sold to appellant, at a public auction sale held by the Combination Sales Company. The evidence showed that appellee Harry Trabue stated at the sale that the mare was “sound and all right” as far as he knew. It also appeared that the mare was not sound, but was moon-eyed, and that moon-eyed horses become blind eventually. The theory of the complaint is to recover damages for *467false representation and, in order to make out such theory, it was incumbent on appellant to prove that…
2Cases cited1 opinion
- Hines v. DriverIndiana Supreme Court · 1885
3Cited by2 opinions
- Chicago & Erie Railroad v. RansIndiana Court of Appeals · 1927
- Merchants Heat & Light Co. v. HoffmeyerIndiana Court of Appeals · 1922