Buyer v. Seller (Latent Animal Defects Warranty Claim)

A buyer sued a seller for breach of warranty regarding the latent defects of an animal sold, seeking rescission of the sale and damages, but the lower court dismissed the claim because the buyer failed to have the animal examined by an expert after discovering the defects, as required by the applicable commercial code provision governing sales of animals. The reviewing court upheld the dismissal, reasoning that the buyer's failure to comply with the mandatory requirement of expert pre-litigation verification concerning latent defects in livestock rendered the claim inadmissible, as this formality is necessary for the validity of the action.