Wilgro, Inc. v. Vowers & Burback

This is an action for payment of an open account for livestock feed supplement furnished by the plaintiff to the defendants. The defendants counterclaimed for damages, alleging that the plaintiff had breached certain warranties in connection with the nutritional composition of the supplement. The trial court directed a verdict for the plaintiff on the open account and dismissed defendants’ counterclaim for insufficient evidence. We affirm.

Defendant Vowers & Burback is a partnership which has been engaged in the cattle-feeding business since 1951. Between August 6, 1968, and December 21, 1968,…