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AUBE v. O'BRIEN

No. 125-80.

433 A.2d 298 (1981)

Raymond and Margaret AUBE v. Daniel O'BRIEN, Leo O'Brien, d/b/a O'Brien Brothers and Euclide Quesnel.

Supreme Court of Vermont.

June 9, 1981.

Attorney(s) appearing for the Case

Cleveland, Unsworth & Bennett, Shelburne, for plaintiffs.

William H. Quinn and James W. Coffrin of Pierson, Affolter & Wadhams, Burlington, for defendants O'Brien.

Before BARNEY, C. J., BILLINGS, HILL and UNDERWOOD, JJ., and DALEY, J. (Ret.), Specially Assigned.

UNDERWOOD, Justice.

The plaintiffs' amended complaint included four separate counts: Count I alleged the 1974 sale of fourteen cows, infected with brucellosis, which the defendants expressly and impliedly warranted to be merchantable in quality and fit for use as dairy cattle; Count II alleged strict liability in tort as a result of the defendants' sale of the cattle in a dangerous condition; Count III alleged that the defendants were negligent

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