Lewin

This is an appeal from a judgment rendered against the defendant for damages resulting from the loss of a flock of hens which died from the effect of chicken-pox communicated to them from cockerels which were purchased for breeding purposes.

The complaint' alleged in substance that the defendant sold and delivered to plaintiff ninety White Leghorn roosters for breeding purposes, representing to him that the cockerels were in good, healthy and virile condition; that plaintiff had no knowledge or information to the contrary, and relying upon these representations as to the condition of health, he placed the roosters with his flock consisting of 2,050 hens, which were theretofore healthy and free from disease; that the roosters were in fact infected with chickenpox, which soon thereafter broke out among his hens, 1350 of which died as a result of the disease, to. plaintiff’s damage in the sum of $2,025.

Upon the trial the court found that the defendant “represented to plaintiff that the roosters were in good, healthy and virile condition”; that they appeared to the plaintiff to be healthy and free from disease, and that he had no knowledge or means of ascertaining facts to the…