Kent Feeds, Inc. v. Stahl

WOLLMAN, Justice.

Plaintiff brought an action against defendants for the balance allegedly due on a series of delivery receipt notes that defendants had signed in consideration for delivery of feed supplement. Defendants alleged in their answer that the notes were not collectible because of failure of consideration; defendants also counterclaimed for damages resulting from an alleged breach of warranty. The trial court directed a verdict in favor of plaintiff on its complaint at the close of defendants’ evidence, and the trial proceeded with defendants’ counterclaim as the only remaining…