72 Iowa 390 | Iowa | 1887
I. The petition alleges that plaintiff purchased of defendant a span of horses, each of which, by the contract of sale, was warranted to be sound ; and that one of them was at the time unsound, having a fatal disease which rendered him wholly worthless. The allegations of the petition as to the warranty and unsoundness of the horse are denied in the defendant’s answer. Evidence was introduced tending to prove the contract of warranty, and the unsoundness of the horse at the time it was made.
Y. The instructions fail in clearness and directness, and in our opinion are in other respects objectionable. But other grounds of error complained of by plaintiff’s counsel need not be considered, as the judgment must be reversed for the errors above pointed out.
The judgment of the circuit court is
REVERSED.