Davis v. Berkheimer

The plaintiff purchased of the defendant a span of horses. He averred in his petition that he purchased them “under a warranty from the defendant” that *271they were sound. He further averred- that one of the horses was badly wind-broken, and of no value. The defendant’s answer denied that the horse was unsound in any degree at the time of the sale, and affirmed that he was sound and free from defects at .such time. The answer made no denial of the plaintiff’s allegation of warranty. The sole issue of fact tried between the parties was whether the horse was sound or unsound at the time of the…