It was held that breach of warranty has occurred and the seller was liable in damages for

breach of warranty. As the buyer has asked for the assurance that the heifer he was
contemplating purchasing at auction was un served . Without this assurance he would not bid.
Both the seller and auctioneer gave him this assurance. The claimant is entitled to
repudiate the contract as the state of the calf was a condition . The special warranty overrides
the printed conditions of sale. Though there was an exemption clause in the catalogue but the
decision of the buyer to buy the heifer depended upon the positive assurance given by the
seller and the auctioneer about her being unserved. Therefore, it amounts to a special
warranty which was subsequently breached. Therefore, notwithstanding the exemption
clause the seller is liable to pay damages. The exemption clause affects the catalogue but not
the oral assurance which is given by the seller and the auctioneer.