Balch v. Newberry

JOHNSON, V.C.J.

This is an appeal from a judgment entered in the court of common pleas of Tulsa county. Plaintiff in error, Balch, designated the action for rescission. Defendant in error, Newberry, designated the action as one to recover damages for breach of warranty.

The action was commenced by defendant in error, Brainard Newberry, herein referred to as plaintiff. In his petition as filed plaintiff alleged, in substance, that for several years prior to March 24, 1947, defendant was engaged in the business of breeding and selling thoroughbred pointer bird dogs at Tulsa, Oklahoma, and that…