Scott v. Renick

The Circuit Court did. not, in our opinion, err in dismissing Scott’s bill seeking a rescission of his purchase of *64the imported short homed Durham cow Lucilla, from the defendant Renick.

There is no implied warranty in a fair sale of a Durham cow, that she will breed, tho’ purchased for that purpose, and at a price justified by no other object— The maxim cave- ■ atanptor, applies in such a case. Menifee for appellant: Robinson cf- Johnson for appellee.

1st. Though the price ($1000,) indicates very clearly that her presumed capacity as a breeder, was the chief and probably the only inducement to…