Swift & Company v. Bennett

CHADICK, Chief Justice.

This is a breach of warranty case. A jury determined the six special issues submitted favorably to the plaintiff and judgment was entered accordingly. The trial court judgment is affirmed.

In the trial court at the completion of plaintiff’s proof in chief the defendant, Swift and Company, moved for instructed verdict. The motion, which was denied, was grounded in part upon the defects in the plaintiff Coy Bennett’s trial pleadings. The defects relied upon had been pointed out by special exceptions and the exceptions overruled prior to trial on the merits. At the end of…