Ferguson v. Petersime Incubator Co.

The opinion of the court was delivered by

Thiele, J.:

This is an appeal from a judgment rendered on pleadings, the present action being the third of a series of actions between the parties hereto.

At one time appellant and his brother were engaged in business under the firm name of Ferguson Brothers Hatchery. The brother retired, and the business was continued.by appellant, and for our purposes we shall treat him as always being the owner, and shall refer to him as Ferguson. In November, 1932, Ferguson purchased from the Petersime Electric Incubator Co., hereafter called the company, three…