North Dakota Supreme Court November 2, 1925 (Larson v. Albers)

*342

Bibdzell, J.

The plaintiff in this action alleges that in April, 1919, he purchased from the defendant Elder, through his agent, the defendant Albers, a certain jackass named Black Ben for the sum of $1,400; that the animal was wTarranted to be a 60 per cent foal-getter and to be sound; that the animal upon trial failed to fulfil the foal-getting warranty; and that during the month of July