GOLTZ v. HUMBOLDT LIVESTOCK AUCTION, INC.

No. 50944.

125 N.W.2d 773 (1964)

Alfred GOLTZ, Appellee, v. HUMBOLDT LIVESTOCK AUCTION, INC., Appellant.

Supreme Court of Iowa.

Rehearing Denied February 11, 1964.


Attorney(s) appearing for the Case

Harlyn A. Stoebe, Humboldt, for appellant.

Frundt & Hibbs, Blue Earth, Minn., and Franklin Jaqua, Humboldt, for appellee.


PETERSON, Justice.

This law action is a claim by plaintiff, as buyer of livestock, that livestock purchased at defendant's auction barn was diseased at the time of purchase and therefore, the implied warranty of fitness provided in Uniform Sales Act (Iowa Code chapter 554, I.C.A.) was breached. As a result thereof 24 of the 128 calves purchased by plaintiff died. Three holstein calves owned by plaintiff also died.

Defendant's special appearance as to an alleged...

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