Thompson Farms v. CORNO FEED PRODUCTS, ETC.

CASE SUMMARY

Robertson, C.J.

Corno Feed Products, a division of National Oats, Inc. (Como), filed a complaint on installment sale and security agreements in an action naming Thompson Farms, Inc. (Thompson Farms) defendant. Thompson Farms counterclaimed under the contract theories of breach of express warranties, and breach of implied warranties of merchantability and fitness for a particular purpose, and the tort theories of negligent design and strict liability in tort. Thompson Farms contends on appeal that the negative decision of the trial court on its counterclaims and affirmative defenses…