Texas Supreme Court July 1, 1860 (Logan v. Holland)

Roberts, J.

This is an action upon a promissory note executed by Holland and payable to Logan. Holland pleaded that the note was given in consideration of a horse, sold by Logan *399to Mm, which horse was warranted to be sound, and that the horse was unsound and worthless. The proof was that the horse Was warranted to be sound except a founder.