Welch Veterinary Supply Company v. Martin

TIREY, Justice.

This is a damage suit grounded on a warranty growing out of a telephone conversation. At the conclusion of the testimony the court overruled defendants’ motion for an instructed verdict. The jury, in its verdict, found substantially that plaintiff’s hogs died as a result of cholera and from no other disease, and that their death was not caused by the feeding of raw garbage, and further that the feeding of raw garbage did not contribute to the death of the hogs; that defendant Evans did not state to plaintiff that True-Vac would immunize his hogs against cholera if they were fed…