W. T. Turner & Son v. Halsted

Opinion of the Court by

Judge Willis

Affirming.

Charles N. Halsted instituted an action against W. T. Turner & Son to recover $1,500 for the breach of a warranty of a four year old black mare which plaintiff had purchased from the defendants. The defense interposed consisted of a denial that any warranty was made, coupled with a counterclaim for the cost of keeping the máre. The plaintiff recovered a verdict, and the defendants have prosecuted an appeal. The sole question urged is that the court should have sustained a* motion for a peremptory instruction in favor of the defendants upon the…