Drum's cow was offered for sale at auction. One of the clauses contained in the auction catalogue stated that 'no animal is ... sold with a warranty unless specifically mentioned at the time of offering, and no warranty so given shall have any legal effect or force unless the terms thereof appear on the purchaser's account'. Bidding was slow because of the cow's poor appearance. In a bid to get things moving, Drum said: 'There is nothing wrong with her ... I will guarantee her in every respect'. Harp, on hearing this, successfully bid for the cow only to find when he got her home that she had TB. She died shortly thereafter.