W. R. Grace & Co. v. LaMunion

Brailsford, Justice.

This is an action on a note given to plaintiff-appellant, W. R. Grace & Company, by the defendants-respondents, the LaMunion Brothers, for the price of fertilizer. The LaMunions copnterclaimed for breach of an alleged express warranty that the fertilizer contained a pesticide which would effectively protect their fall, 1958, cucumber crop from nematodes. The jury found a verdict for the LaMunions for $28,000.00 on the counterclaim and Grace has appealed. The exceptions challenged certain rulings of the court in passing upon and refusing Grace’s post trial, alternative…