Agway, Inc. v. Curtin

Yesawich, Jr., J.

Appeal from a judgment of the Supreme Court (Tait, Jr., J.), entered March 31, 1989 in Madison County, upon a decision of the court, without a jury, in favor of defendants.

Defendants own and operate a dairy farm. They had a revolving account at plaintiff, with which they enjoyed a longstanding business relationship. From the beginning of 1982 until December 1983 defendants purchased a certain feed for their livestock from plaintiff, whose salesman allegedly represented that the formula composition would remain unchanged. It was established at trial, however, that defendants’…