Legal Opinion

Johnson v. Worthington Creamery & Produce Co.

South Dakota Supreme Court

Decided June 30, 1941No. File No. 8447Published

1Opinion of the CourtRudolph, J.

Plaintiff in this action seeks to recover damages for an alleged breach of warranty. The plaintiff was an extensive raiser of poultry on a farm located in Moody County. Sometime before September 30, 1939, plaintiff’s flock consisted of approximately two thousand leghorn pullets. A representative of the defendant company, one Hemerich, called upon plaintiff and advised him that the defendant was interested in obtaining eggs from leghorn pullets crossed with black Australorpe roosters, and that, if plaintiff would purchase Australorpe roosters, the defendant company would pay him a premium for…

2Cases cited3 opinions

  1. Canham v. Plano Manufacturing Co.North Dakota Supreme Court · 1893
  2. Gibson v. CruickshankCalifornia Court of Appeal · 1926
  3. Cysewski v. FriedNorth Dakota Supreme Court · 1912

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