Golden Eagle Farm Products, Inc. v. Approved Dehydrating Co.

FRANK, Circuit Judge.

Appellee contends that, as on the issue of whether the eggs had been adulterated before receipt by the defendant, there was solely the uncontradicted testimony of its witnesses, we must apply the rule that, in such circumstances, there is no question which may properly be submitted to the jury. We need not discuss that rule and its many exceptions.1 For here there is ample testimony which, at least in an indirect manner, contradicts what defendant’s witnesses said. It was for the jury to determine whether the assertions of the defendant’s witnesses that the sugar was…