Cooper v. Ragsdale

The opinion of the court was delivered by

Marshall, J.:

This is an action on a promissory note. The plaintiff recovered judgment. Defendants Burr, the two *773Lights, and Kirk appeal. The defense was fraud and breach of warranty.

On November 1, 1910, the plaintiff sold to the defendants a stallion under the following warranty:

“If the above named stallion does not get 60 per cent of the producing mares and Alleys with foal with proper care and handling, I agree to replace him free of charge with another of same value upon the delivery to me of the stallion in as sound and good condition as he is at…