Chaplinski v. Gregory

1977 OK 12, 559 P.2d 1244, 1977 Okla. LEXIS 452
CourtSupreme Court of Oklahoma
DecidedFebruary 1, 1977
DocketNo. 49435
StatusPublished
Cited by2 cases

This text of 1977 OK 12 (Chaplinski v. Gregory) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chaplinski v. Gregory, 1977 OK 12, 559 P.2d 1244, 1977 Okla. LEXIS 452 (Okla. 1977).

Opinion

DAVISON, Justice.

This case involves an appeal by appellants from a plaintiff’s judgment in a civil action in which appellee Willard Chaplinski, who in June, 1973, purchased 45 cows from appellant J. T. Gregory and Harold Wilson, sought money damages arising out of misrepresentations made concerning the cattle, for breach of contract, breach of warranty, and for fraud.

The trial judge, to whom both issues of fact and law were tried, a jury having been waived, entered a judgment in favor of plaintiff for $30,000.00; this judgment did not include any award for punitive damages. In their petition in error, which is solely controlling since no motion for new trial was made appellants urge that the trial court erred in three respects:

1. The judgment was not supported by the evidence.
2. The court erred in overruling defendant’s demurrer made at the close of plaintiff’s case in chief.
3. The court erred in overruling defendant’s demurrer at the close of all evidence.

All three errors urged by appellants are based on one proposition that the judgment was not supported by the evidence.

In examining appellants’ contention, we first note the facts alleged in the trial court. Appellee Chaplinski alleged that he purchased 45 head of cattle from appellants for the purchase price of $15,075.00. Then, alleging fraudulent misrepresentation, the appellee states that the appellants represented and warranted the cattle as follows:

a. All cows were Springers1 that would calve before September 1, 1973.
b. All were bred to Hereford and Angus bulls.
c. All were cows under six years of age.
d. All were free of disease, clean and healthy cows.
e. All cows were from the appellant Wilson’s Pawhuska Ranch herd.

At trial, appellee Chaplinski testified that these representations were made by defendant Gregory, the authorized agent of Wilson, that he relied upon the representations made, and that the representations and warranties made by the defendants were false and untrue for, (1) none of the cows were Springers which calved on or before September 1, 1973, (2) only eight of the cows were bred to Angus or Hereford bulls, (3) all of the cows were more than six years of age, (4) the cows were not from a single [1246]*1246clean ranch herd and (5) the cows were not clean and healthy, but were diseased and afflicted with communicable diseases.

The appellee also testified that only twenty of the forty-five cows calved, the remaining twenty-five head did not calve or produce living and healthy offspring; that nineteen head died attempting to deliver large, exotic breed calves sired by large breed, exotic bulls, not Hereford or Angus bulls as represented; eight of the cows were open and not bred; one cow had bangs disease; and one cow had anaplasmo-sis. The appellee further testified that because of the diseased condition of some of the purchased cows, he was forced to innoc-ulate and quarantine his herd and that eight of his registered Angus breeding cows, owned by appellee prior to his purchase of the cows in question, were infected by the diseased cow purchased from the appellants and subsequently died, as did a valuable Angus bull.

In his petition, appellee alleged his damages as follows:

“That plaintiffs 75 registered Angus cows, in his registered breeding herd, were bred to a highly pedigreed valuable registered Angus bulls, and prior to their contamination by the cows acquired from the defendants, were productive of issue desirable for herd sires and breeding cows in the Angus registered purebred and commercial cattle industry. That premium prices and values of $1,500.00 each was thereafter lost, as a direct result of contamination and communicable disease from the cows misrepresented by defendants, for an actual, pecuniary and monetary loss to the plaintiff of approximately $15,000.00.”
“That plaintiff suffered further monetary loss of $385.00 per head for the cost of said 19 cows that died attempting to calve exotic offspring instead of Angus or Hereford cross calves, as represented by defendants, for the sum of $6,365.00.”
“The loss of 8 cows and their calves and one bull from plaintiff’s original registered healthy herd, from anaplasmosis, contacted from the Wilson-Gregory 45 Angus cow herd, of the value of $22,-000.00.”
“Plaintiff.further suffered the loss of the difference in the actual value of said cows, at the time of purchase, and their value, if they had been as represented by defendants, the same being approximately $200.00 per head for the 26 head which lived, or a total of $5,200.00.”
“The monetary loss suffered for the cost of vaccine, medicines and veterinary services and extra labor, directly attributable to infection and contamination from the cows purchased from defendant, in the sum of $900.00.”
“The cost of feeding and pasturing of the cows which died calving, as a monetary loss to the plaintiff in the sum of $600.00.”
“That if the 45 head had been Springer cows, as represented and had all calved before September 1,1973, as represented, then in November, 1973, the plaintiff would have had 45 cows with their 45 calves ready to be marketed at a going price of $500.00 per pair, or a total of $22,500.00; that the plaintiff intended to sell such cattle in this manner when he purchased them and so communicated his intentions to the defendant prior to and at the time of purchase.”
“That since the cows did not calve as represented, the cattle were worth only $11,250.00 in November, 1973, and therefore, plaintiff has lost reasonable and anticipated profits of $11,250.00.”
“For total actual damages in the total of $61,315.00.”

Additionally, appellee prayed for punitive damages of $60,000.00.

At trial, plaintiff testified that three of four of the cows purchased from appellants died of anaplasmosis, that nineteen of the cows purchased from appellants died while attempting to deliver oversized calves, that three of the cows purchased from appellants had or were suspected of having bangs disease and as a result, appel-lee was required to rebate purchase money to a subsequent purchaser of the three head. Appellee also testified as to the ex[1247]*1247tent of veterinary bills caused by the breach of warranties, testified that eight cows from his registered herd died of anaplasmo-sis, that they were replaced at the cost of slightly less than $11,000.00, and that a registered bull who died of anaplasmosis was replaced at the cost of approximately $5,000.00.

Testimony at the trial also demonstrated that although the herd infected with ana-plasmosis was vaccinated, those that survived the disease would for the rest of their lives be carriers of the disease, and therefore according to Dr. Miller’s testimony, which was admitted without objection, no one would wish to purchase the cattle.

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Bluebook (online)
1977 OK 12, 559 P.2d 1244, 1977 Okla. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaplinski-v-gregory-okla-1977.