Tillman & Deal Farm Supply, Inc. v. Deal

McMurray, Judge.

The operator of a hog farm purchased certain com to feed his animals. Thereafter, the hogs became sick and many died.

Freddie W. Deal, the operator, as plaintiff sued Tillman & Deal Farm Supply, Inc. for damages resulting from the loss of his hogs, including the incurred cost of veterinary services and medication. By amendment he sued in three counts: Count 1 was for breach of implied warranty that the corn purchased for feed was suitable for feeding to livestock, one of the ordinary purposes for which said goods are used. In Count 2 he sought damages for negligence of the…