Hoak v. Wertz

WOLFE, P. J.,

Plaintiffs commenced their trespass action against defendants alleging plaintiffs entered into an agreement with defendants to purchase a bovine bull which defendants represented was a good and healthy animal and could be used by plaintiffs for purposes of slaughter for beef, that shortly after delivery the animal had to be destroyed because of illness. Plaintiffs allege defendants, at the time of the execution of the agreement, and at the time of delivery, had reason to know it was sick and would not be fit for the particular use to which plaintiffs intended and therefore have…