Petersen v. Dreher

There was held at Audubon, Iowa, by the Audubon County Pure Bred Live Stock Association, a brood *179sow sale. It was what was termed ‘ ‘ a combination sale, ’ ’ — that is, different breeders combined their offerings at the sale. The sale was had as a brood sow sale, according to a printed catalogue. The sow in controversy was owned by defendant, and was bought by plaintiff at the sale for $97.50, which price was paid in cash.

The petition was in two counts. Count 1 alleged an express warranty of the sow purchased by plaintiff, the warranty being:

“Every sow guaranteed to be with pig. Should any…