Flint

The complaint in this action is brief and may be set out in full as follows:

In the answer it was denied, on information and belief, that plaintiff and Woods entered into such contract, and it was denied positively that plaintiff and defendant entered into the contract mentioned in the complaint. An affirmative defense of fraud, based upon misrepresentation by plaintiff of the fitness of said cattle, was also set up, and it was alleged that the agreement was that defendant should pay plaintiff the sum of one dollar per head “for each and every head of the said cattle fairly fat, fit, and suitable for slaughtering purposes which he might purchase from the said Woods”; that immediately after entering into said contract defendant discovered that said cattle were extremely thin, lean, and scrawny and entirely unfit and unsuitable for slaughtering purposes, and informed plaintiff that he would not purchase the same or any thereof.

The action was tried before a jury and a verdict rendered in favor of plaintiff for the sum of $328 and the appeal is from the judgment entered thereon.

[1] At the outset, we may dispose of the question of fraud by saying that as to it the evidence is…