Poovey v. International Sugar Feed No. Two Co.

The merit of this ease involves two questions:(1) Is there an implied warranty in the sale of feed for cattle and the nature thereof?(2) Is there sufficient evidence of a breach thereof to be submitted to a jury?

“The authorities are numerous that there is an implied warranty that runs with the sale of food for human consumption, that it is fit for food- and is not dangerous and deleterious.” Ward v. Sea Food Co., 171 N. C., 33.

However, it has been held that this principle does not apply to sales of feed for cattle. For instance, in Lukens v. Freiund, 27 Kan., 664, the late Justice Brewer…