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Mark and Kelly owned a pure-bred, AKC-registered, Dalmatian female. Although they had never bred dogs before, they decided to have their female, Spottie, bred. They

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Mark and Kelly owned a pure-bred, AKC-registered, Dalmatian female. Although they had never bred dogs before, they decided to have their female, Spottie, bred. They planned on selling the resulting puppies. They arranged a breeding with a pure-bred, registered Dalmatian male with the assistance of a local veterinarian. After the breeding, Kelly took Spottie home, but did not supervise her when she was let out into the backyard. Unbeknownst to Kelly, a black, mixed-breed male dog was roaming the neighborhood. When 10 puppies were born, they were all white (as are all newborn Dalmatians). Several weeks later, they started developing their spots. When the puppies were weaned, Kelly advertised the puppies as "purebred, AKC Dalmatian puppies." Eight of the puppies sold for $800 each. The other two were adopted by family members. When the puppies were about four months old, some of the owners noticed that their dogs did not look like purebred Daimatians. For example, they appeared black with white spots, rather than white with black spots. They were not as large as a Dalmatian and their muzzles were pointed, rather than blunt like a purebred. The veterinarian speculated that the litter had had two, different fathers. Three of the owners sued Mark and Kelly for breach of an express warranty. Was an express warranty given? Explain. (This is a true story involving my brother and sister-in-law. I adopted one of the not-so-purebred puppies. Dottie was my constant companion for 12 years and I still miss her.)

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