Hartley v. Furgeson

Citations

• 50 Wash. 309
• 97 P. 234
• 1908 Wash. LEXIS 720

Syllabus

<p>Sales — Warranty—Evidence—Sufficiency. There is not sufficient evidence that the sale of a stallion was upon a warranty that he would get with foal sixty-five per cent of all mares bred to him, where it appears that notes and a mortgage were given for the price and a written contract was made which did not contain the warranty, and there is a direct contradiction of defendants’ evidence that the contract was rescinded and $100 returned and that later the oral warranty was substituted and the $100 again paid, and where the defendant who claimed the horse was worthless kept the horse and used him for two seasons without complaint or offer to return him, and then sold him to one of his attorneys for $250.</p>