Bracker v. American National Food, Inc.

Defendant, American National Foods, Inc., has appealed from a judgment awarding plaintiffs $5,327.95 damages for breach of warranty as to the quality of four carloads of tomatoes sold through a Kansas City broker while in transit from Tracy, California, to Kansas City, Missouri.

Appellant urges as its first ground for reversal that judgment should have been for appellant on the first affirmative defense alleged in the answer, to wit “that the complaint does not state facts sufficient to constitute a cause of action.”

As urged by appellant, said defense was not waived by its failure to demur.…