12 Ga. App. 65 | Ga. Ct. App. | 1912
Preston sued Davis & Smith as partners. His petition was substantially as follows: The defendants have injured and damaged petitioner in the sum of $300 or other large amount. Plaintiff was the owner of a bay mare mule worth $100. He .exchanged this mule with the agent of the defendants for a sorrel mare, and gave his note for $85 “to boot.” At the time of the trade, defendants’ agent represented that the mare was a good worker to both wagon and plough, that she was sound, and would do the work of a good mule, that she had been bred to a jack, and that she would “drop a colt” within a few months. Plaintiff noticed a scar on the shoulder of the. mare, and inquired of the agent about it, and the agent replied that the scar was caused by a wire cut, but that.it was well and did not injure the mare. A few days after the trade, plaintiff tried to work the mare to a
At the trial the plaintiff testified to the material allegations in his petition. It further appeared, from his testimony, that the next day after the trade, and before he discovered the defective condition of the mare, he had a conversation with the defendants, and told them of the terms of the trade and what their agent had said about the mare. The defendants thereupon ratified the trade and accepted a note from the plaintiff for $85, secured by a mortgage on the mare. The defendants denied the agency of the person who traded the mare, and claimed that they had never owned the