McHargue v. Fayette Coal & Feed Company

STANLEY, Commissioner.

The appellee, Fayette Coal and Feed Company, sued the appellant, J. S. McHar-gue, to recover $364.30 balance due on a merchandise account for stock feed. Mc-Hargue admitted the purchase and counterclaimed for $27,600 damages. At a pretrial conference it was agreed (as, indeed, it appears in the pleadings) that the counterclaim was not based on a breach of any express or implied warranty but upon misrepresentation of the feed and certain dairy equipment he had bought from the plaintiff.

The case was tried without a jury. At the conclusion of the defendant’s evidence, the…