Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 16

Balch purchased a dog for $800 from Newberry, who operated a kennel. Before the sale, Balch informed Newberry that he wanted a male dog for breeding purposes. Newberry stated that the dog had the ability to produce pups of pedigree quality. Balch relied on this fact when he purchased the dog. After the purchase, Balch discovered that the dog was sterile and therefore of no value to Balch for breeding pups. Could Balch demand the return of his $800 after returning the dog? (Balch v. Newberry, Okla. 253 P.2d 153)