Lanesboro Produce & Hatchery Co. v. Forthun

Loring, Chief Justice.

Plaintiff, the proprietor of a chicken hatchery, comes here on appeal from an order denying its motion for judgment or a new trial. It brought suit on a conditional sale note for $104 given by defendant for the purchase price of 1,000 Leghorn chicks. Defendant counterclaimed for damages for breach of warranty of the quality and condition of the chicks on the ground that they were sold by sample and were represented to be in health and quality equal to the sample. He pleaded that they were not as represented, but were sick and inferior and that most of them died from the…