Breitenkamp v. Community Cooperative Association

This is a law action for damages resulting from alleged breach of warranty. The trial court, sitting without a jury, rendered judgment for plaintiff and overruled defendant’s subsequent motions. Defendant has appealed.

Plaintiff is a farmer and cattle feeder.

Defendant prepares, mixes and sells feed for livestock and promotes the sale of its product through sales representatives.

In December 1958 plaintiff bought 59 thrifty western calves delivered to his farm in Hamilton County to be raised and fattened for market. Previously and until March 1959, plaintiff used Quaker Oats cattle feed with…