BARRETT v. RUMELIOTE

No. 51220.

126 N.W.2d 322 (1964)

Clarence BARRETT, Appellee, v. Tom RUMELIOTE, d/b/a MASON CITY AUCTION CO., Appellant.

Supreme Court of Iowa.

February 11, 1964.


Attorney(s) appearing for the Case

Leslie L. Boomhower, Mason City, for appellant.

Conway & Casey, Osage, and Brown, Dresser, Kinsey & Jolas, Mason City, for appellee.


LARSON, Justice.

The principal question in this appeal is whether a fact issue is presented as to liability of an agent, who unknowingly sold diseased pigs at a public auction, for breach of implied warranty to a buyer who, prior to the sale, visited the pigpen where a small scale ticket containing the owner's name was attached. The trial court, sitting without a jury, found defendant did not carry his burden to prove notice to or knowledge of the buyer sufficient...

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