England v. Leithoff

323 N.W. 2d 98 (1982)

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England v. Leithoff

Nebraska Supreme Court
323 N.W. 2d 98 (1982)

  • Written by Mike Begovic, JD

Facts

James England (plaintiff) purchased several female pigs from Robert A. Leithoff (defendant). Prior to the purchase, England told Leithoff that he did not want pigs that came from a sale barn. Leithoff claimed that the pigs had not come from a sale barn, per assurances made to him by his friend, who sold the female pigs to him. It was later discovered that, contrary to Leithoff’s assurances, the female pigs had come from a sale barn. The pigs were healthy upon delivery, but only a handful of the pigs’ offspring were delivered alive and healthy. England filed suit in state court, alleging breach of express warranty under Nebraska Uniform Commercial Code § 2-313. Robert Hinke, a livestock-equipment dealer, testified that, after being contacted by England, he inspected the female pigs and concluded that the pigs were suffering from a swine disease that was known to spread at sale barns because pigs came into close contact with each other. Hinke also testified that for this reason, nobody in the industry would buy female pigs that had been through a sale barn. The dead pigs were taken to a veterinarian, Dr. Glen Nickelson, who testified that the pigs were born dead, and that in his opinion the female pigs suffered from a swine disease that results in either aborted or dead pigs, greatly reducing their value as breeding stock. A trial court awarded judgment to England, finding that an express warranty was formed for the female pigs. Leithoff appealed.

Rule of Law

Issue

Holding and Reasoning (White, J.)

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