42 Neb. 564 | Neb. | 1894
This action was tried in the district court of Buffalo county. There was a verdict and judgment in favor of the defendant. It was, in substance, alleged in the petition that the- plaintiff claimed of the defendant the sum of $150; that in the summer of 1887 plaintiff purchased of the defendant a horse for the sum of $150; that said horse was purchased for a driving horse, for The use of plaintiff’s wife and family, this intended use being well known to the defendant; that the defendant represented that the said horse was a gelding, quiet, gentle, sound, and all right for the use for which it was purchased; whereas in fact, as was well known to said defendant at that time, said horse was not as represented. There was a prayer for judgment in the sum of $150 and costs. There was no allegation that plaintiff had sustained damages, neither was there an averment as to the real value of the aforesaid horse, nor what its value would have been had the representations in regard to it been true. The allegations of the petition were only. as above summarized, and a verdict, had it been in plaintiff’s favor, would have lacked for its support the very essential averment that damage of any kind or to any amount
Affirmed.