Cambern v. Hubbling

Plaintiffs brought this action for damages arising out of the breach of the implied warranty of fitness of calves purchased from defendant. The jury awarded plaintiffs $19,386.62. Defendant appeals from the district court’s order denying his alternative motion for judgment notwithstanding .the verdict or a new trial.

Plaintiffs are brothers and farmers engaged in raising cattle and calves. Defendant, a farmer and cattle raiser, is also in the business of buying Holstein heifer calves for resale. In August 1973, plaintiffs arranged to purchase some calves from defendant.

On August 20, 1973,…