73 Ind. App. 214 | Ind. Ct. App. | 1920
This is an action by appellee, a farmer, against appellants for damages incurred by appellee by reason of appellants having sold him a number of hogs alleged to have been afflicted with cholera, and which appellants warranted to be healthy and free from disease. The cause was tried by a jury and resulted in a verdict and judgment for appellee.
The error relied upon for reversal is that the court erred in overruling appellants’ motion for a new trial. Appellants contend that the verdict is not sustained by sufficient evidence and is contrary to law, and insist that there is no evidence to support the charge of warranty. Appellee testified that in a conversation with one of the appellants, they being partners, appellee said that he did not want to buy cholera hogs or anything like that; that he was afraid to buy out of the stock pens, to which said appellant replied: “There is no hog cholera in the country that I know of, and the pigs are all right.” There is also evidence tending to show that appellants knew that appellee was buying the hogs to place' on his farm for feeding purposes.
There is no error in the record. Judgment affirmed.