Herbert v. Drew

Herbert sued Drew for fraud in tbe sale of sheep, and for breach of warranty. Tbe complaint contains three paragraphs, tbe first and third for a false and fraudulent representation as to quality and soundness; and tbe second for a breach of an express warranty. Tbe defendant answered by tbe general denial. Tbe issues were submitted to a jury; verdict for tbe defendant; motion for a new trial overruled, and tbe plaintiff excepted.

Tbe ground of tbe motion was error of law occurring at the trial, in tbe misdirection of tbe court in the instructions given. The court gave nineteen instructions, to…