Draughon v. Maddox

Defendants base their defense to this action of plaintiff upon the theory that the cow in question, having been sold at a public livestock market, regulated by statute, under the circumstances detailed by the stipulated facts, was sold for immediate slaughter, and for human consumption, G.S. 106-409, and, that, hence, a sale so conducted under such circumstances created an implied warranty by plaintiff, the seller, that the cow was fit for the purpose. There is no suggestion of intentional wrongdoing on the part of any of the parties to the action. Apparently, the condition of the cow was a…