R. D. Lowrance, Inc. v. Peterson

Defendant James E. Peterson purchased from plaintiff feeder heifers that developed infectious bovine rhinotracheitis (“IBR” or red nose) at some time. Peterson counterclaimed for breach of implied warranties of merchantability and fitness. Plaintiff contended that Peterson, having accepted the heifers after inspection, had excluded the warranties under a usage of the trade.

On the counterclaim a jury allowed only $526.40, the value of four head that Peterson had refused to accept. Peterson appeals. He attacks chiefly jury instructions and evidentiary rulings concerning trade usage on the…