Naaf v. Griffitts

The opinion of the court was delivered by

O’Connor, J.:

This action was instituted by the plaintiff, Norman Naaf, to recover damages he alleges resulted from breach of an express warranty in the sale to him of fifty-nine heifers by the defendant, Alvin Griffitts. After a trial without a jury the district court rendered judgment in favor of the plaintiff, and defendant has appealed.

The principal points to be considered relate to (1) whether the seller expressly warranted that the heifers would calve during a certain two-months period; (2) the timeliness of notice of the alleged breach of…