Buffington v. Stephens

Carley, Chief Judge.

Appellant-defendants sold to appellee-plaintiff four mares which were represented as then being “in foal.” Alleging that the mares had been misrepresented to him as being in foal, appellee subsequently initiated this contract action against appellants. After discovery, appellee moved for partial summary judgment as to the issue of appellants’ liability. The trial court granted partial summary judgment in favor of appellee and appellants appeal from that order.

The representation attributed to appellants was not that the mares would deliver foals, but only that the mares…