Dixon Dairy Farms, Inc. v. Conagra Feed Co.

Miller, Judge.

Pursuant to an open account agreement, Conagra Feed Company sold cow feed to Dixon Dairy Farms, Inc. for a period of about two months. When Conagra sued for the outstanding invoice balance of $123,110.61, Dixon Dairy claimed an offset on the ground that Conagra’s feed was not fit for the ordinary purposes for which such feed is used and counterclaimed for breach of warranty and lost profits. The trial court granted Conagra summary judgment on both its suit on account and on Dixon Dairy’s counterclaim. Due to lack of competent evidence, we affirmed the grant of summary judgment…