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Donald Laird, a hog farmer, contacted Scribner, Inc. to purchase corn as hog feed. Gary Ruwe, the manager of Scribner, told Laird that Scribner was
Donald Laird, a hog farmer, contacted Scribner, Inc. to purchase corn as hog feed. Gary Ruwe, the manager of Scribner, told Laird that Scribner was having some cooling problems in its corn storage bins, but Laird said that he would take four loads of corn if Ruwe would "pull out all the damaged corn." On inspecting the corn after it was delivered, Laird noticed damaged corn and a "silage" odor (which is a result of a fermentation process caused by heating). Although Laird was dissatisfied with the corn, he did not reject it. After Laird began feeding his hogs the corn, the hogs became ill. The veterinarian tending Laird's hogs testified that their symptoms were the direct result of feed containing vomitoxin (a fungus- related chemical). Laird had the corn tested, and traces of vomitoxin were found in it. Laird filed a lawsuit against Scribner for breach of the implied warranties of merchantability and fitness for a particular purpose. The court most likely found that Scribner: O a. had not breached the implied warranty of fitness for a particular purpose but had breached the implied warranty of merchantability. O b. had breached both the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. O c. had breached neither the implied warranty of fitness for a particular purpose nor the implied warranty of merchantability. O d. had breached the implied warranty of fitness for a particular purpose but not the implied warranty of merchantability. Donald Laird, a hog farmer, contacted Scribner, Inc. to purchase corn as hog feed. Gary Ruwe, the manager of Scribner, told Laird that Scribner was having some cooling problems in its corn storage bins, but Laird said that he would take four loads of corn if Ruwe would "pull out all the damaged corn." On inspecting the corn after it was delivered, Laird noticed damaged corn and a "silage" odor (which is a result of a fermentation process caused by heating). Although Laird was dissatisfied with the corn, he did not reject it. After Laird began feeding his hogs the corn, the hogs became ill. The veterinarian tending Laird's hogs testified that their symptoms were the direct result of feed containing vomitoxin (a fungus- related chemical). Laird had the corn tested, and traces of vomitoxin were found in it. Laird filed a lawsuit against Scribner for breach of the implied warranties of merchantability and fitness for a particular purpose. The court most likely found that Scribner: O a. had not breached the implied warranty of fitness for a particular purpose but had breached the implied warranty of merchantability. O b. had breached both the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. O c. had breached neither the implied warranty of fitness for a particular purpose nor the implied warranty of merchantability. O d. had breached the implied warranty of fitness for a particular purpose but not the implied warranty of merchantability
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