Ambrose v. Hackert

Plaintiff, a turkey raiser, purchased 3112 turkey poults from defendants’ hatchery which were delivered to her in the late spring of 1943 in three deliveries on the days the poults were hatched, to wit, 1545 on April 27,1064 on May 1, and 503 on May 4. She paid $1887.56 for the poults, and shortly after they were delivered to her they started dying, until 1673 of said poults died by July 31,1943. On April 21,1948, she filed her suit against defendants alleging that defendants warranted the poults as being “good, healthful and free from disease” and that the warranty was breached in that the…