T. M. Thomas, Trading as Thomas Turkey Ranch and Hatchery v. Kasco Mills, Inc.

SOPER, Circuit Judge.

Kasco Mills, an Ohio corporation, engaged in the manufacture and sale of turkey feeds, instituted this action to collect the unpaid balance of an account for goods sold to R. M. Thomas, a citizen of South Carolina, trading as Thomas Turkey Ranch and Hatchery. There was no dispute as to the amount due and owing, if the goods measured up to the proper standards; the defense was that there had been a breach of an implied warranty of fitness in that the merchandise did not constitute a complete feed for turkeys as agents of the plaintiff? had represented to the defendant. A…