Garner v. S & S Livestock Dealers, Inc.

Clyde Garner (plaintiff) sued S S Livestock Dealers, Inc. and George Beam (defendants) to recover losses resulting from the sale by defendants to plaintiff of pigs infected with hog cholera. The jury found for plaintiff in the sum of $6,144.95. The trial judge sustained the defendants' motion for judgment notwithstanding the verdict and dismissed the suit. Plaintiff appealed. We reverse and remand for a new trial.

The Pleadings

The declaration alleged that on October 24, 1968, plaintiff bought from defendants eleven swine "for the purpose of taking them to his hog ranch to feed them and resell…