Griswold

This appeal is by the defendants from an order denying their motion for a new trial. The action is brought upon a note for one thousand dollars executed by appellants to respondents. Concurrently with the delivery of this note and another of like amount, and in consideration of said notes, the respondents sold and delivered to appellants a stallion at an agreed price of two thousand dollars, payable as specified in the notes. The answer alleges that the -respond ents represented that the stallion was “an eighty per cent foal getter, ’ ’ and promised that if defendants would buy the horse and give their promissory notes to plaintiffs for the purchase price thereof, that in the event that said horse did not prove to be wholly sound, free from blemishes, and an eighty per cent foal getter that plaintiffs would take back the horse and surrender the notes. The answer contains allegations further showing that the purchase was made in reliance upon these representations and promises; that a fair test was made during the season following the sale; that the horse was an almost entire failure and was wholly valuless for breeding purposes; that respondents knew the representations to be…