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Leal v. Holtvogt

Court of Appeals of Ohio

702 N.E.2d 1246 (1998)

Relevant factsFree

Ferdinand Leal and his wife (plaintiffs), who had a student-teacher relationship with equine experts Joseph and Claudia Holtvogt (defendants), entered a partnership agreement paying $16,000 for a one-half interest in a horse the Holtvogts owned, based on the Holtvogts' representations - including that the Leals should forgo purchasing another horse and that this horse could command high stud prices - while the Holtvogts failed to disclose the horse had been treated for lameness; a horse breeder testified she would have reservations about breeding a lame horse. The horse died before the Leals recouped their investment, and they sued for breach of warranty; the lower court ruled for the Leals, and the Holtvogts appealed.

IssueFree

Whether, if a seller knows the buyer's purpose for purchase and that the buyer is relying on the seller's expertise, the buyer can recover damages when harmed as a result of that reliance.

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