GARDNER, Circuit Judge.
Appellant as plaintiff below brought this action to recover damages for alleged fraud and deceit and for breach of warranty on behalf of appellee in the sale of a so-called show horse. The transaction was pleaded in two counts. Hereinafter, we shall refer to the parties as plaintiff and defendant, respectively.
In count one of her complaint plaintiff in substance, so far as here pertinent, alleged that plaintiff purchased from defendant...
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