Davis v. Iverson

Citations

• 5 S.D. 295
• 58 N.W. 796
• 1894 S.D. LEXIS 59

Syllabus

<p>1. On a sale of a horse the sellers gave the purchasers the following warranty: “Know all men by these presents, that we have this day sold to the Colman Horse Company, one gray Norman stallion ‘Count Rotrow, 487,’ and he is free from all incumbrance, and their title to said horse is good, and the above-named horse warranted by his importer, George E. Case, of St. Peter, Mihn., to be, with proper care and handling, to be an average foal-getter; and should the above named horse prove to be barren, a horse of equal size and value to be put in his place.” Held, that by it the sellers did not for themselves warrant the horse to be “an average f.oal getter,” but did undertake that if the horse proved to be “barren” they would put another horse of equal size and value in its place.</p> <p>2. Proof that such horse was not an average foal getter did not show a breach of the sellers’ warranty.</p> <p>3. If the horse was not “barren” within the meaning of the warranty, refusal by the sellers to take him back and put another horse in his place did not constitute a breach of their warranty.</p> <p>(Syllabus by the court.</p>