Cohn

The plaintiff alleges in his complaint that he sold and delivered to defendant two horses on December 11, 1916, for which defendant promised and agreed to pay plaintiff the sum of $375; that the whole amount thereof is still owing and unpaid, with interest thereon from the eleventh day of December, 1916, at the legal rate.

Defendant demurred generally to the complaint on the ground of insufficiency of facts based upon the failure of the complaint to allege at what time payment was to be made for said horses. The demurrer was overruled and defendant answered denying the averments of the complaint; admitted that on December 11, 1916, plaintiff sold to defendant two horses for the said sum, and alleged that by the contract of sale, plaintiff “warranted said horses to be sound and not over five years of age at that date, and thereby induced defendant to purchase the same, and to promise to pay the above-named sum therefor.” Alleged that all of plaintiff’s representations as to said horses’ soundness and age were false and untrue; that, in fact, said horses were, and each of them was, over the age of five years and unsound in this, “that the hock on one of the legs of each of said…