Jones

This is an action to have canceled a contract for the sale of a certain jack. The cause was tried by the court without a jury and plaintiffs had judgment, from which and from the order denying their motion for a new trial, defendants appeal.

Plaintiffs set -out in their complaint a written contract, exhibit “A,” dated March 26, 1908, between plaintiffs and defendants. It is signed by Chas. Asbill, who is admitted by defendants to have had full authority to represent them in the sale to any extent. It reads:

On April 5, 1908, the parties entered into another written agreement, exhibit “B,” which is referred to as a modification of the contract, exhibit “A,” It makes some changes in the manner of payment, but contains no new feature having any bearing upon the questions presented by the appeal.

Defendants were served with notice of rescission and offer to restore the jack to their possession, April 14, 1909, the ground being that the said ■agreement of April 5, 1903, “was procured by fraud and misrepresentation, . . that said jack was a good foal-getter, which was false.” The offer being refused, the action was commenced April 30, 1909. The judgment declares the two said…