Carnation Co. v. Olivet Egg Ranch

Opinion

KLINE, J.

—Olivet Egg Ranch (Olivet), a limited partnership, and Harold J. Kristal (Kristal), and various coventurers with Kristal (hereinafter collec lively referred to as appellants), appeal following jury trial on claims of fraud and breach of various warranties arising out of Olivet’s purchase and use of chickenfeed produced by the Albers Milling Division of the Carnation Company (Albers).

We must, at the outset, address the question of mootness. Several weeks after oral argument before this court, when this appeal had been submitted for decision, counsel for all parties joined in a…