[Genetics and latent defects in animals. Microphthalmia in sheep (author's transl)]

A sheep farmer purchased ten Texel ewes from a sheep breeder. He bought a ram from another sheep breeder. The ewes gave birth to twenty lambs. Seven lambs born of six ewes showed the features of microphthalmia. This is a simple recessive heritable defect. The buyer demanded annulment of the purchase by virtue of Section 1540 of the Civil Code. The court in Middelburg gave judgement for the plaintiff regarding the six ewes which had given birth to the lambs, showing the defect. On appeal, however, the court of justice in The Hague decided the cases in favour of the vendor, experts having defined the term 'breeding ewe' and a number of others having answered questions.