This section contains the nature of the case and procedural background.

Temple (D) entered a contract with Sutton (P) to lease a field of edible grass for £40. D was going to feed his cattle, but that was not specified in the lease. Temple had no idea that P’s grass was covered with manure that contained paint. D put 15 cattle on the land, and 4 died. D’s cattle died when they ate grass contaminated with refuse paint. D fenced off what was thought to be the offending area and again another 4 cattle died. D vacated the land prior to the termination date, informing P who did nothing. No evidence was found that P had any idea of the contamination. D refused to pay the monies. P sued D and the jury found in part for D. The jury found the cattle had been poisoned and D must pay £12. P appealed seeking the entire £40.

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