Evening Republican, Volume 15, Number 246, Rensselaer, Jasper County, 18 October 1911 — COW’S HABIT LAW QUESTION [ARTICLE]

COW’S HABIT LAW QUESTION

Cleveland Justice of the Peace Is Called- on to Decide Why Yield of Milk Suddenly Dropped. • 4 ■■■■■!— Cleveland, O. —If a man sells another man a cow with a guaranty that she will produce four gallons of milk a day and the cow declines, after the deal Is completed, to supply more than two gallons a day, Is the cow or the original owner to brame? The question was given' to C. J. Gavin, justice of the peace, to answer. •A. Schaffer, who conducts a business at 2262 Larimer street, bought from M. Katchen and B. Bong the cow which caused the suit. Schaffer paid >IOO for her. He charges in his suit to recover the price of the cow that the defendants guaranteed shd would yield four gallons of milk per day. Instead he had obtained only half that amount The cow, therefore, was worth only half of the price paid. y . The defense told the court that the cow was ready, willing and capable of maintaining the contract capacity, but that she had not been given sufficient food. Besides the plaintiff allowed the cow to walk around too much. Quiet is essential tor a cow which is expected to furnish sufficient 'milk and butter for a dairy. Under the circumstances, the defense said, it was the plaintiff, and not the cow, who had defaulted on the contract. The plaintiff offered to allow Justice Gavin to milk the cow for one day, to see if he was telling the truth. The justice was willing to take the man’s word for it He rendered a decision in' favor of the defendants and said that the defendants were not responsible for the failure of the cow to furnish the four gallons of milk.