Carl and Dorothy-Helen Huprich raise Arabian horses for breeding and selling. In 1989, they purchased corn from farmer David Bitto to feed to their horses after having it tested for aflatoxin, a toxin often present in horse feed. The sample tested negative, so the Huprich purchase a large amount of feed. Soon after they began feeding their horses the corn, two died and a third soon fell ill and died as well. The Huprichs begin to suspect that corn was the culprit after another two horses died and a veterinarian confirmed that the horses had died from leukoencephalomalacia, a fatal brain disease that results from the toxin fumonisin B-1. This toxin grows on mold known as Fusarium monoliforme, a mold often present on feed corn. The huprichs sued Bitto, alleging breach of implied warranty of merchantability. Should they win on this claim?
[Huprich v. Bitto, 667 So. 2d 685; 1995 Ala. LEXIS 307; CCH Prod. Liab. Rep. P14, 267; 28 U.C.C Rep. Serv. 2d (Callaghan) 526.]