Carter v. Glass

But one question is presented by this record, namely, whether the count in the plaintiff’s declaration on which he was permitted to recover in the court below, was a count in tort or upon a warranty. The count is as follows:

“And for that whereas the said plaintiff heretofore to wit, on the 2Sth day of November, A. D. 1879, at the township of Porter, in the county of Cass and State of Michigan, at the special instance and request of the said defendant, bargained with the said defendant to exchange with the said defendant the certain horse of the said defendant and for a certain horse of said…