Hodgkins

This is an action to recover the price agreed to be paid for a certain stallion and also damages for alleged fraudulent representations as to the reproductive potency of the horse. The cause was tried by the court without a jury and plaintiff had judgment, from which defendants appeal on bill of exceptions.

In the amended complaint it is averred: That defendants are nonresidents of this state and were copartners whose business was that of “importing and breeding of draft stock and sale of stallions for breeding purposes,” and that plaintiff is engaged “in breeding draft and driving stock and breeding stallions to his own brood mares and the brood mares of others for hire”; that plaintiff being “desirous of securing a first-class imported black Percheron stallion, which was a sure foal getter for the head of his stud for breeding to his said mares and for booking to outside mares, ’ ’ so stated to defendants on or about July 25, 1904, “and the defendants then and there stated and represented to the plaintiff that they had an imported black stallion named Joubert, registered No. 40002 (45105) one of the most noted sires that ever left Prance, and which they were then and there…