Albers Milling Co. v. Carney

HOGAN, Judge.

The plaintiff, a manufacturer of commercial animal feeds, brought this action to recover the balance due upon a contract made between the parties in 1956, in which the plaintiff agreed to furnish capital and feed for a turkey-raising venture undertaken by the defendants. As a set-off and counterclaim, the defendants asserted a breach of implied warranty of fitness in connection with the feed which plaintiff furnished, and a jury has found both for the plaintiff on its claim and the defendants on their counterclaim. The case has been tried twice and comes to us now upon this…