Majority
p. 848Townsend B. Martin, Respondent, v. James M. Austin (Sued Herein as James N. Austin) and Madelaine H. Austin (Sued Herein as “ Jane ” Austin, His Wife, First Name Fictitious, Being Unknown to Plaintiff, Appellants.
Judgment for plaintiff in an action for breach of warranty in the sale of a horse, and for breach of an express condition that if the horse “ did not pass the veterinary ” the purchase price would be returned, unanimously affirmed, with costs. No opinion. Present — Hagarty, Carswell, Davis, Johnston and Taylor, JJ.