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CHERNICK v. FASIG-TIPTON KENTUCKY, INC.

703 S.W.2d 885 (1986)

Jeffrey Phillip CHERNICK and Caroline Chernick, Appellants, v. FASIG-TIPTON KENTUCKY, INC. and Cloverfield Farm, Inc., Appellees. FASIG-TIPTON KENTUCKY, INC., Cross-Appellant, v. Jeffrey Phillip CHERNICK and Caroline Chernick, His Wife, d/b/a Chancellor Farm, Cross-Appellees. FASIG-TIPTON KENTUCKY, INC., Appellant, v. CLOVERFIELD FARM, INC., Appellee.

Court of Appeals of Kentucky.

January 31, 1986.

Attorney(s) appearing for the Case

Stephen M. O'Brien, III, Landrum, Shouse & Patterson, Lexington, for appellants/cross-appellees CERNICK.

Thomas P. Bell, Judge B. Wilson, II, Fowler, Measle & Bell, Lexington, for appellee/cross-appellant and appellant Fasig-Tipton.

Michael D. Meuser, Harry B. Miller, Miller, Griffin & Marks, P.S.C., Lexington, for appellee Cloverfield Farm, Inc.

Before COMBS, McDONALD and WILHOIT, JJ.

McDONALD, Judge:

Doing business as Chancellor Farm, Bedford Hills, New York, Jeffrey P. Chernick and Caroline Chernick obtained the thoroughbred brood mare "Fiddler's Colleen" at the November, 1981 Breeding Stock Sale conducted by the Keeneland Association. A purchase price of $175,000 was tendered and the mare transported to New York. Although in foal to "Dust Commander" at the time of sale, she slipped (spontaneously aborted) twin foals on February 11, 1982, while...

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