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Breeder bought a two-month-old registered boar at auction from Pigstyle for $800. No express warranty was made. Fifteen months later, tests by experts proved conclusively that the boar had been born incurably sterile. If this had been known at the time of the sale, the boar would have been worth no more than $100.
In an action by Breeder against Pigstyle to avoid the contract and recover the price paid, the parties stipulate that, as both were and had been aware, the minimum age at which the fertility of a boar can be determined is about 12 months.Which of the following will the court probably decide?
(A) Breeder wins, because the parties were mutually mistaken as to the boar's fertility when they made the agreement.
(B) Breeder wins, because Pigstyle impliedly warranted that the boar was fit for breeding.
(C) Pigstyle wins, because Breeder assumed the risk of the boar's sterility.
(D) Pigstyle wins, because any mistake involved was unilateral, not mutual.
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