Howard v. Emerson

This is an action of contract to recover the price of a cow sold by the plaintiff to the defendants. The jury have found that there was no express warranty in the sale. They found that there was an implied warranty, under the instructions given them by the court. These instructions were that, “ if the *321plaintiff knew that the defendants wanted to purchase the cow for the purpose of immediately cutting it up into beef, for immediate domestic use, there would be an implied warranty that the cow was fit for that purpose.” The only question before us is as to the correctness of these instructions.

T…