March v. Evans

Opinion by

Baldrige, J.,

This action was brought to recover the price of a cow sold to the defendant on February 6, 1928.

The defense was set up (a) that the cow was injured by the carelessness of the plaintiff in unloading her from a truck when she was delivered at his farm, and (b) that she was warranted to be “all right,” “free from tuberculosis” and “from an accredited herd.” The jury found for the plaintiff.

The main complaint of the appellant is admitting over objection the following questions asked him on cross-examination and his answers:

“Q. When you had the first knowledge that this cow…