American Produce Co. v. Marion Creamery & Poultry Co.

This is an appeal by the plaintiff from a judgment which the circuit court entered in favor of the defendant in an action, which the plaintiff instituted under the procedure authorized by ORS 75.690(1) (d), to rescind the purchase by it from the defendant of two carloads of frozen dressed turkeys and to recover judgment for their purchase price, $25,563.28. The complaint alleged that the defendant had made and breached a warranty of the quality of the turkeys. The action was tried without a jury. General findings favorable to the defendant were entered. In appealing, the plaintiff presents…