Joseph Sessa, Jr. (plaintiff) owned and raced standardbred horses for a number of years. Riegle (defendant) owned a horse named Tarport Conway. Sessa was interested in purchasing Tarport Conway and sent his agent, Robert Maloney, to Riegle’s farm to purchase the horse. Maloney had seen Tarport Conway before and spoke highly of the horse. After Maloney examined Tarport Conway at Riegle’s farm, he called Sessa and said that he liked the horse. Riegle then talked to Sessa and told Sessa that Sessa “would like the horse, that he was a good one and that he was sound.” After Sessa bought Tarport Conway, the horse suffered a couple of injuries and did not race as well as Sessa had hoped. Sessa brought suit against Riegle for breach of express warranty, among other things.