Bemidji Sales Barn, Inc. v. Chatfield

Rogosheske, Justice.

Defendant, Gilbert Chatfield, purchased breeding heifers from plaintiff, Bemidji Sales Barn, Inc., at auction. Upon defendant’s refusal to make good his check for payment or to return the cattle, plaintiff sued defendant for the purchase price. Defendant counterclaimed, alleging damages resulting from a breach of an express warranty by plaintiff that the cattle were properly vaccinated for shipping fever and breach of an implied war ranty of merchantability. The trial judge, sitting without a jury by agreement of the parties, found a breach of the express warranty alleged…