Willmar Cookie Co. v. Pippin Pecan Co.

OPINION

LANSING, Judge.

Pippin Pecan Company appeals from the denial of post-trial motions and from a judgment based on special verdict findings that the company sold unmerchantable pecans, unfit for their intended purpose, and that the purchaser gave timely notice of breach and revocation of acceptance. The company also contends it is entitled to a new trial on the basis of newly discovered evidence. We affirm.

FACTS

This appeal involves 642 cases of shelled, standard grade pecan halves purchased 'by Willmar Cookie Company of Willmar, Minnesota, from Pippin Pecan Company of Albany, Georgia, in…