Goltz v. Humboldt Livestock Auction, Inc.

This law action is a claim by plaintiff, as buyer of livestock, that livestock purchased at defendant’s auction barn were diseased at the time of purchase and therefore the implied warranty of fitness provided in Uniform Sales Act (Iowa Code chapter 554) was breached. As a result thereof 24 of the 128 calves purchased by plaintiff died. Three holstein calves owned by plaintiff also died.

Defendant’s special appearance as to an alleged defect in procedure was overruled. Defendant’s answer, in addition to denials, set up the following affirmative defenses: 1. That warranties had been disclaimed…