Ericksen v. Poulsen

CROCKETT, Justice:

Plaintiff sued to recover for breach of warranty and other- damages alleging that a stallion he purchased from the defendant for breeding purposes proved to be sterile. The trial court indicated that it believed the plaintiff’s evidence as to the horse’s sterility, but would deny recovery on the ground that plaintiff “delayed too long after ascertaining that Applejack could not impregnate the mares before he attempted to rescind.”

On May 29, 1961, plaintiff Ericksen bought the horse, Applejack, a 21-month-old Ponies of America stallion, for $1,500. Both parties understood…