Fear Ranches, Inc. v. H. C. Berry, D/B/A Berry Ranch Co.

SETH, Circuit Judge.

This is an action for damages brought by the buyer of cattle against the sellers. The complaint alleges that the cattle had a disease known as brucellosis when purchased, and could not be used for breeding as the buyer planned. The complaint also alleges that these cattle infected other cattle of plaintiff when they were put out to pasture together; that it thereby became necessary to test a large number of cattle for the disease. Further, it was alleged that plaintiff’s ranch was quarantined by reason of the presence of the disease, causing additional expenses and losses.…