Ernest R. Browning v. Swift & Co., a Foreign Corporation

ENOCH, Circuit Judge.

The plaintiff-appellant, Ernest R. Browning, a turkey-grower, brought suit in the United States District Court to recover from the defendant-appellee, Swift & Co., the sum of $95,857.00, the sales price for mature turkeys sold to the defendant. The Trial Court allowed set-offs in the. total amount of $95,026.69 and entered judgment for the plaintiff in the sum of $330.21. This appeal followed.

Plaintiff bought turkey poults which were delivered to plaintiff in March, 1964, from the defendant’s hatchery. Plaintiff acquired the feed to raise these poults from H. H. Van…