EASTERN CAROLINA FEED & SEED COMPANY v. Mann

Ordinarily, there is an implied warranty that feed is reasonably fit for the use contemplated by both the seller and the purchaser. Jones v. Mills, Inc., 250 N.C. 527, 108 S.E. 2d 917; Keith v. Gregg, 210 N.C. 802, 188 S.E. 849; Poovey v. Sugar Co., 191 N.C. 722, 133 S.E. 12.

There can be no denial of the fact that the plaintiff knew for what purpose the feed furnished or sold by it was being used by the defendant. Therefore, in our opinion, the ruling sustaining the demurrer to the defendant’s first counterclaim on the ground that no- cause of action is stated with respect to the loss of…