Farm Industries, Division of the Quaker Oats Co. v. Howell

CATES, Judge.

On May 9, 1955, Farm Industries, Division of the Quaker Oats Company brought detinue in the Winston Circuit Court for the recovery in specie of thirty-two hundred pounds of Full-O-Pep broiler feed, consisting of sixty-four bags of fifty pounds each.

After the court had overruled his demurrers, the defendant, Howell, plead not guilty and brought counter suit by way of set-off and recoupment, alleging a contract whereunder Farm Industries bailed some 16,000 chicks with Howell under a “feeding out” agreement whereunder the chicks delivered by Farm Industries to Howell were to remain…