White v. Mississippi Order Buyers, Inc.

KELLY, Judge.

In this action tried to the court for breach of the implied warranty of merchantability, § 4-2-314, C.R.S.1973, the court entered judgment in favor of defendant, Mississippi Order Buyers, Inc., (Mississippi) finding that plaintiff, Richard White, had not given notice of a defect within a reasonable time pursuant to § 4-2-607(3)(a), C.R.S.1973. We affirm.

White, a Colorado rancher, ordered 128 head of cattle from Mississippi, a cattle seller in Mississippi. The cattle arrived at White’s ranch on the evening of September 13, 1978. The next morning White discovered that one of the…