Hawkins v. Jackson

Quillian, Judge.

In the general ground of the motion for new trial the plaintiffs insist that the defendant should not be allowed to recover because the 'evidence shows that he did not exercise ordinary care in discovering that the chickens were diseased and thereby avoiding the consequences of the breach.

The defendant testified in part: that he called the plaintiffs a day or two after he received the first shipment of chickens' and told them the chickens did not look good; that he called Mr. Cowan, one of the plaintiffs, several times but it was a month before he came out to see the chickens;…