ERICKSEN v. POULSEN

No. 9973.

15 Utah 2d 190 (1964)

389 P.2d 739

HOWARD B. ERICKSEN, PLAINTIFF AND APPELLANT, v. ROBERT L. POULSEN, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

March 2, 1964.


Attorney(s) appearing for the Case

George W. Preston, George D. Preston, Logan, for appellant.

Walter G. Mann, Reed W. Hadfield, Brigham City, for respondent.


CROCKETT, Justice:

Plaintiff sued to recover for breach of warranty and other damages alleging that a stallion he purchased from the defendant for breeding purposes proved to be sterile. The trial court indicated that it believed the plaintiff's evidence as to the horse's sterility, but would deny recovery on the ground that plaintiff "delayed too long after ascertaining that Applejack could not impregnate the mares before he attempted to rescind."

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