BACKUS v. MacLAURY


278 A.D. 504 (1951)

R. Austin Backus et al., Plaintiffs, v. Hugh P. MacLaury, Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1951.


Attorney(s) appearing for the Case

Borden H. Mills and S. J. Mauhs for plaintiffs.

Francis A. Niles for defendant.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, PIPER and WHEELER, JJ.


PIPER, J.

This is a submission of a controversy upon an agreed statement of facts. The plaintiffs are copartners and maintain what is known as Butterfly Farms at Mexico, New York, where for many years past they have tested, bred, and maintained a herd of registered Holstein-Friesian dairy cattle. On November 17, 1947, the defendant purchased from plaintiffs a cow of that breed, which had been previously bred to...

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