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21 Ohio St. (N.S.) 655

Wilcox v. McCoy

Ohio Supreme Court

Decided December 15, 1871

Ohio Supreme Court · decided 1871-12-15

The petition of McCoy, the plaintiff, in the common pleas, dates that Wilcox, the defendant below, sold to him twenty-five head of fine wooled sheep, representing them to be sound; that they were not sound, but all, or a portion of them, had a disease known as the hoof rot, and that the defendant knew it.

Decided 1871-12-15

By the Court :

¶1The petition does not purport to state' several causes of action, but only a single cause of action, with circumstances showing special damage. The action is for false representations that the sheep sold were sound. The circumstances showing special damage are, that the plaintiff, relying on the defendant’s representations that the sheep purchased were sound, turned them into the field, whereby the disease was communicated to the plaintiff’s other sheep, and the pasture injured. The averments of special damage were not redundant or irrelevant matter, but, with the other allegations of the petition, formed a basis for the recovery of damages. Packard v. Slack, 32 Verm. 9.

¶2Judgment affirmed.

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