Lingo v. Kirby

Shulman, Judge.

The parties in this case entered into a contract for the sale and installation of a fence. Appellant contends that he wanted the fence to enclose pasture lands for cattle and claimed that appellee’s agent represented that the fence would serve that purpose. Appellant filed suit against appellee alleging breach of warranty and faulty construction of the fence, thus causing him to lose the value of the purchase price and 13 head of cattle, for which he alleged a value of $3,000. The trial court directed a verdict in favor of appellee and judgment was entered accordingly. This…