Brunner v. Jensen

The opinion of the court was delivered by

Kaul, J.:

This is an action to recover damages for the breach of an express warranty arising from the sale of a breeding herd of cattle on an oral sales contract consummated on February 20, 1972. The herd consisted of fifty-five Hereford cows and three bulls. In their amended petition plaintiffs alleged that defendant expressly warranted that all of the cows would calve before June 1, 1972; that fifteen of the cows were not pregnant; and that ten would not calve until five or six months after June 1, 1972.

The case was tried to a jury which returned a…