(Download) "White v. Mississippi Order Buyers Inc." by Colorado Court of Appeals No. 80CA0892 # Book PDF Kindle ePub Free
eBook details
- Title: White v. Mississippi Order Buyers Inc.
- Author : Colorado Court of Appeals No. 80CA0892
- Release Date : January 27, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Opinion by JUDGE KELLY In this action tried to the court for breach of the implied warranty of merchantability, Γ§ 4-2-314, C.R.S. 1973, the court entered judgment in favor of defendant, Mississippi Order Buyers, Inc., (Mississippi) finding that plaintiff, Richard White, had not given notice of a defect within a reasonable time pursuant to Γ§ 4-2-607(3)(a), C.R.S. 1973. We affirm. White, a Colorado rancher, ordered 128 head of cattle from Mississippi, a cattle seller in Mississippi. The cattle arrived at White's ranch on the evening of September 13, 1978. The next morning White discovered that one of the animals was dead. On September 16, a veterinarian examined the cattle and determined that the animals were suffering from ""shipping fever pneumonia."" Although the cattle were continuously treated by the veterinarian for this disease, a total of 18 head of cattle had died by September 29. White sold the remaining cattle at an auction on October 2. Some of them were sold for a price substantially less than he had paid for them.