Pudwill v. Brown

HENDERSON, Justice.

ACTION

Fred Pudwill, plaintiff-appellant, brought suit in the Second Judicial Circuit, Minne- haha County, seeking to recover the sum of $10,695.00 pursuant to a contract between himself and Earl E. Brown, defendant-ap-pellee, for 310 feeder pigs. Appellee urged that appellant had breached the implied warranty of fitness for a particular purpose as provided in SDCL 57-4-33 due to the death of 149 pigs that were supplied by appellant. After a trial to the court, judgment was entered on June 12, 1979, granting appellant the sum of $5,140.50 for the pigs that did not die.…