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| | OSCN Found Document:WOOLSEY v. ZIEGLAR |
 | | It developed shortly afterwards that the cow was not as it was alleged was represented, but, instead of being a good milch cow, was of little or no value, and that thereby plaintiff was damaged to the extent of his judgment. |
 | | Borden, 160 Ind. 223, 66 N.E. If, therefore, the defendant made representations to the plaintiff upon which he relied, concerning the quality or character of the cow, intended by him to induce the purchase, and which representations were relied upon by the plaintiff, such direct and positive affirmations in law constitute a warranty. |
 | | At the time of the examination the cow was not fresh, and the nature of the transaction rendered it impracticable, if not impossible, to ascertain at the time whether the cow was as represented. |
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