Selman v. Moore

CARR, Judge.

There are two counts in the complaint, detinue and on a promissory note. As we construe the record, appellants have abandoned all insistences presented by the detinue count so far as concerns this appeal. It will be so treated.

The promissory note, the basis for the second count of the complaint, was given to appellants by appellee for the purchase price of a mule. To the count declaring on this note appellee filed special pleas in which the position is asserted that appellants warranted the mule to be sound and free from disease and defects, when as a matter of fact the mule was…