Guaranty — Breach — Limitation.
One selling a bull guaranteed verbally that he was a breeder, and also agreed to refund a certain part of the purchase money upon satisfactory proof being made that the bull was impotent. Held, the two years statute of limitation applied, and the statute did not begin to run until such proof was made within a reasonable time.
REESE, ASSOCIATE JUSTICE. —
The contract of Williamson was not alone a verbal guarantee that the bull was a breeder, but that he would refund the purchase money, less the value of the bull for beef, upon satisfactory proof that the bull was barren. Appellee had no cause of action until this satisfactory proof was made, and this was not done until within two years of the filing of the suit. There was no unreasonable delay on appellee's part. We hold that the two years statute applies. The judgment is affirmed.
Affirmed.