Ashe v. . Gray

The plaintiff’s complaint pursues-the form of a declaration in the old practice, and contains causes of action for deceit and fraudulent representation, associated with a cause of action for a false warranty in an exchange of horses with the defendant. It is alleged that the defendant both represented and warranted the horse sold to the plaintiff to be gentle and kind in harness, and not addicted to the vicious habit of kicking, well knowing at the time the fact to be otherwise, and as the plaintiff found out in using him.

For this fraud and deceit and breach of warranty the plaintiff brought…