North Dakota Supreme Court December 11, 1912 (Cysewski v. Fried)

Spalding, Ch. J.

Plaintiff and respondent purchased a horse of defendant and appellant at an auction sale of farm property, through appellant’s auctioneer, one Cornwall. This action was brought to recover the amount paid for the horse, and for damages occasioned by its having the glanders when purchased, by reason of a breach of warranty made by the auctioneer. The defense was a general denial.