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Contracts Keyed to Epstein
Leal v. Holtvogt
Citation:
123 Ohio App.3d 51, 702 N.E.2d 1246 (1998)Facts
Joseph and Claudia Holtvogt owned and operated Shady Glen Arabians, a horse barn in Miami County, Ohio. They were experienced in Arabian horse training, breeding, selling and showing. The Leals, novices in the equine industry, decided the wanted to start a breeding program by purchasing a stallion to breed with a mare they owned. In January 1994, the Leals and Holtvogts entered into a contract of sale for a one-half interest in Mc Que Jabask, an Arabian stallion, for $16,000. There was expert testimony that Mc Que Jabask had been treated for lameness and was suffering a chronic lameness condition in his right rear and fore fetlocks. Mr. Holtvogt testified that he had taken the stallion for lameness treatments numerous times and that he did not disclose this information to the Leals. When Mc Que Jabask died from stomach ulcer complications in January 17, 1996, the Leals contended that the Holtvogts breached the implied warranty.
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