122 Iowa 222 | Iowa | 1904
The sale of the stallion in question was accompanied by the execution and delivery by defendant to plaintiff of a certain written instrument, in which defendant warranted the horse to be “ ervieeably .sound as serving stallion,” and agreed that if me horse should not prove himself to be a fifty per cent, foal getter, “after a fair trial on breeding mares,” the plaintiff should return him to defendant and receive, another horse of equal value, that was supposed to be sure. In addition to provisions for a privilege to exchange,'which are not material in this controversy, it was further stipulated that defendant should not be bound by the conditions of the guaranty: unless the plaintiff should submit to him “a monthly report in writing showing the condition of this horse, the number of mares tried and reserved each month from date of purchase.” -
The case is treated in this court as an action for breach of the warranty that the stallion was serviceably sound, and all errors assigned are with reference to plain-
Error is assigned on the overruling of plaintiff’s objection to certain exhibits offered in evidence by defendant, such exhibits being letters from plaintiff to defendant with reference to the transaction; but, in the view which we take of the case, these letters were wholly immaterial, and therefore the ruling, if erroneous, was not prejudicial.
Defendant moved to set aside the verdict and for- a new trial on the ground of misconduct of members of the jury. The misconduct alleged was, first, that a juror during a recess of court was present at a conversation between
Some rulings on objections to testimony are argued, but, under the view which we take of the case, the evidence excluded was wholly immaterial, and the questions.' raised need not be further discussed.
The judgment of the trial court is aeeirmed.