W & W Livestock Enterprises, Inc. v. Dennler

LARSON, Justice.

Plaintiff-appellant sought recovery of a sum represented by two checks in the amounts of $8,050.00 and $1,334.00, which checks were given by defendant-appellee in payment for 408 feeder pigs delivered to him pursuant to an oral contract between the parties. The defendant’s answer and counterclaim alleged a breach of express oral and implied warranties, for which he asked damages of $15,822.91. Pursuant to trial and after submission of the evidence the court directed a verdict on plaintiff’s claim as prayed and submitted defendant’s counterclaim to the jury. The jury returned a…