Burlingham-Meeker Co. v. Thomas

Appellant corporation, plaintiff below, appeals from a judgment on a verdict in favor of respondent, 1 defendant in the superior court. Appellant sued on a promissory note and upon an open account. Respondent cross-complained for damages because the dairy feeds sold him by appellant were adulterated.

Appellant sells feed and farm supplies, and the respondent is a dairyman. This appeal concerns solely the respondent’s cross-complaint for damages for adulterated custom-mixed dairy feed. The judgment is for $16,078.25, the amount of the verdict.

Shortly before the trial, in response to discovery…