Chernick v. Casares

MCDONALD, Judge:

In 1981 the appellant, Jeffrey Chemick, purchased the thoroughbred brood mare Fiddler’s Colleen from the appellee, Bias Casares. The mare was in foal at the time but later “slipped” (spontaneously aborted) twins. She was bred again in 1982 and, once again, slipped the foal. Chemick then sold her to Cloverfield Farm, Inc., without mentioning either her latest slip nor the fact that her previous slip had been twins. 1 Upon discovering that the mare was not in sound breeding condition due to infection, Cloverfield demanded that Chemick accept return of the horse. Chernick…