Robert A. Reichard, Inc. v. Ezl. Dunwoody Co.

BARD, District Judge.

This is an action by a purchaser of cod liver oil against his vendor to recover damages for breach of warranty.

Plaintiff’s evidence showed that it was a manufacturer of and dealer in fertilizer and poultry feeds. On October 30, 1935, plaintiff purchased from the,defendant one. hundred thirty-gallon drums of cod liver oil imported by defendant from Norway. At the time plaintiff ordered this oil, defendant’s salesman orally warranted that it contained 150 units of Vitamin D per gram. This order was confirmed in writing by defendant the following day.

Plaintiff subsequently…