A farmer who sued another farmer for breach of contract over a Holstein Friesian cow he bought at a clearance sale in spring 2018 – which subsequently got sick and had to be sent to the factory weeks later – has lost his case.
The cow in question’s calf also died.
Kilmallock Court heard in January that the plaintiff of Friarsfield, Tipperary Town, took the civil case against the defendant of Coologue, Old Pallas, Co. Limerick.
The defendant denied breach of contract and contested the case.
The court heard that the cow had a left displaced abomasum (LDA) operation in 2015. The plaintiff said he “wasn’t informed of this prior to purchasing the animal”.
“I wouldn’t have bought her if I knew she had been altered in any way. I bought the cow in good faith,” said the farmer who purchased the cow.
During an operation in 2018 by the Tipperary man’s vet, due to throbbing in the cow’s jugular vein, the plaintiff farmer said the vet found scars and adhesions.
When the defendant took the stand, he said the cow “made a full recovery” from the 2015 operation.
“That cow was healthy. She got sick. It happens,” said the defendant farmer.
His solicitor, Ger Reidy, said there was no reason for the defendant to announce the cow had an operation because “there was absolutely no problem with the cow”.
In a clearance sale, the solicitor said the conditions are read out beforehand – “all items sold as seen, no guarantee or warranty”.
“Purchasers are bound by that terms of sale in the contract,” said Reidy.
The defendant’s vet, Brian Ryan, said the LDA in 2015 was “unrelated” to the cow’s illness in 2018.
If it was three weeks’ post surgery I’d say something but three years, no. It’s very unfortunate.
Judge Marian O’Leary adjourned the case until last week to make her decision.
The judgement
In a lengthy judgement, Judge O’Leary pointed to the fact that the plaintiff’s vet was not in court to give evidence about the cause and effect of the scars and adhesions he found when he operated on the cow in 2018.
Judge O’Leary noted that the defendants vet said after he operated in 2015 the cow fully recovered, went back in calf, gave good milk yields and there were “no further problems”.
The vet said there was no connection between the operation in 2015 and 2018. There was no evidence to the contrary.
Regarding the alleged obligation to disclose the information about the operation, Judge O’Leary said consumer law does not apply.
“The rules of contract do apply. The terms and conditions were read out before the clearance sale – all items sold as seen, no guarantee or warranty,” said Judge O’Leary.
On the basis of all the evidence, Judge O’Leary dismissed the plaintiff farmer’s civil case. No costs were awarded against him.