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47 Iowa 700

Kenny v. Pool

Supreme Court of Iowa

Decided December 11, 1878

Supreme Court of Iowa · decided 1878-12-11

Action upon a promissory note. The defense was that the note was given for a horse, which defendant was induced to purchase of plaintiff by false representations as to quality; and that the sale was conditional in this, that defendant was to have one week’s trial of the horse, and if he did not prove satisfactory, and as represented, lie was to be returned; that the horse was not as represented, and that defendant, within the week, returned him, and plaintiff refused to take…

Decided 1878-12-11

Bothrock, J.

¶1The only ground upon which a reversal of the judgment is sought is that it is not supported by the evidence. The abstract does not purport to be an abstract of all the evidence introduced upon the trial. In this state of the record we cannot determine the question made by appellant. This point is raised and insisted upon by appellee, and we are not at liberty to disregard it.

¶2Aeeirmed.

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