Arlie Larimer and Sons, Inc. v. Kleen-Leen, Inc. And Ralston Purina Company

ENGEL, Circuit Judge.

This is an appeal from a judgment in favor of the defendants in a diversity action seeking damages for an alleged breach of a contract for the lease of certain breeding swine. After three days of trial before a jury, the district court, on November 27, 1974, directed a verdict, holding that the evidence presented concerning the diseased condition of the leased animals at the time of delivery to plaintiff was insufficient to allow the case to go to the jury.

We are unable to agree, and reverse. Plaintiff’s amended complaint averred that it entered into a contract with…