Barrett v. Rumeliote

126 N.W.2d 322 (1964)

Clarence BARRETT, Appellee,

v.

Tom RUMELIOTE, d/b/a MASON CITY AUCTION CO., Appellant.

No. 51220.

Supreme Court of Iowa.

February 11, 1964.

Leslie L. Boomhower, Mason City, for appellant.

Conway & Casey, Osage, and Brown, Dresser, Kinsey & Jolas, Mason City, for appellee.

LARSON, Justice.

The principal question in this appeal is whether a fact issue is presented as to liability of an agent, who unknowingly sold diseased pigs at a public auction, for breach of implied warranty to a buyer who, prior to the sale, visited the pigpen where a small scale ticket containing the owner's…