Vlases v. Montgomery Ward & Co.
United States Court of Appeals for the Third Circuit
377 F.2d 846 (1967)
Paul Vlases (plaintiff) bought 2,000 one-day-old chicks by catalog from Montgomery Ward (defendant), and by the third week the chicks appeared ill; it was later discovered the entire flock had leukosis, a bird cancer, killing or requiring destruction of the chickens. Experts for both sides testified there was no way to detect leukosis in newly hatched chicks and no medication to prevent it. The jury found the chicks were infected at delivery and ruled for Vlases; Montgomery Ward appealed.
Whether a buyer may support a claim for breach of the implied warranty of merchantability or the implied warranty of fitness for a particular purpose if the seller could not have discovered the defect in the goods provided to the buyer.