Cosby-Hodges Milling Co. v. Nance

CARR, Judge.

Plaintiff below, appellee here, brought suit based on the alleged negligence or unskillfulness of appellant’s agent.

The defendant sold hog feed and had among its employees Mr. Whitmire, a veterinarian. When requested by the farmers, he would inoculate their hogs to produce immunization against cholera. No charge was made for this service, but the hog owners were required to pay for the serum used.

A reasonable interpretation of the evidence leads to the conclusion that this favor was a good-will gesture on the part of the feed company. The practice was intended as an invitation for…