Shaw v. Armour & Co.

CARSWELL, Chief Judge.

Plaintiff, a shade tobacco grower, alleged in his complaint that as a result of the use of defendant’s fertilizer the yield and quality of his 1958 crop was impaired. The gravamen of the complaint is that pursuant to his order defendant failed to deliver fertilizer according to the agreed specifications, in that the main organic nitrogen component was derived from other than cotton seed meal. He seeks compensatory and punitive damages.

By motion to dismiss for failure to state a claim the defendant insists that the complaint has a fatal deficiency in that it does not…