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Vlases v. Montgomery Ward & Co.

United States Court of Appeals for the Third Circuit
377 F.2d 846 (1967)


Paul Vlases (plaintiff) purchased 2,000 one-day-old chicks by catalog from Montgomery Ward & Co. (Montgomery Ward) (defendant). By the third week after delivery, the chicks began to appear ill. It was later discovered that the entire flock was infected with leukosis, a type of bird cancer, which killed the chickens or caused the remaining chickens to be destroyed. Vlases sued Montgomery Ward for breach of warranty. Experts on both sides testified that there was no way of determining whether newly hatched chicks have leukosis and that there is no medication to prevent the disease. The jury found that the chicks were infected with leukosis when they were delivered and returned a verdict in favor of Vlases. Montgomery Ward appealed.

Rule of Law


Holding and Reasoning (McLaughlin, J.)

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