Adrian v. Elmer

The opinion of the court was delivered by

Wertz, J.:

This was an action to recover the purchase price of a registered Hereford bull, and damages resulting from an alleged breach of an express warranty.

Appellees Phil H. Adrian and John W. Hertzler, hereinafter referred to as plaintiffs, were a partnership doing business as Twin Oak Farm. The appellant Dr. R. F. Elmer, a resident of Denver, Colorado, hereinafter referred to as defendant, was doing business as Bob White Hereford Farms in Dickinson County. His manager in charge of the Hereford farms was Kenneth Skelley.

Plaintiffs’ petition alleged…