Bariel v. Tuinstra

Plaintiff appeals from a judgment dismissing his action for rescission of a contract by which he purchased from defendant one hundred' head of cattle and certain farm machinery.

In his complaint, plaintiff sought rescission -on grounds that defendant fraudulently represented that the cows were free from Bang’s disease, whereas the herd contained a number of Bang’s “reactors” (animals infected with the disease) and some “suspects” (animals possibly infected).

Defendant’s answer denied that he represented the cows to be free from the disease and alleged that he voluntarily informed plaintiff that…