BEMIDJI SALES BARN v. CHATFIELD

No. 46655.

250 N.W.2d 185 (1977)

BEMIDJI SALES BARN, INC., Respondent, v. Gilbert CHATFIELD, Appellant.

Supreme Court of Minnesota.

January 21, 1977.


Attorney(s) appearing for the Case

Tupper & Smith, Harlan E. Smith, and Kimball D. Mattson, Walker, for appellant.

Murphy, Lano, Kalar & Murphy and William E. Kalar, Grand Rapids, O. C. Adamson II, Minneapolis, for respondent.

Heard before ROGOSHESKE, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.


ROGOSHESKE, Justice.

Defendant, Gilbert Chatfield, purchased breeding heifers from plaintiff, Bemidji Sales Barn, Inc., at auction. Upon defendant's refusal to make good his check for payment or to return the cattle, plaintiff sued defendant for the purchase price. Defendant counterclaimed, alleging damages resulting from a breach of an express warranty by plaintiff that the cattle were properly vaccinated for shipping fever and breach of an implied warranty of merchantability...

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