Legal Opinion
Duane Cooper, Doing Business as Hutchinson Farm Hatchery v. Midwest Feed Products Company
Court of Appeals for the Eighth Circuit
Decided November 4, 1959No. 16249_1PublishedCited by 11 opinions
1Opinion of the Court
GARDNER, Circuit Judge.
Appellant brought this action against appellee to recover damages for breach of warranty in the sale of pulverized yellow corn. It was alleged in appellant’s amended complaint that there was both an express and an implied warranty, that the pulverized yellow corn was “cool and sweet” and fit for the purpose for which it was purchased, to-wit: chicken feed. The answer admitted the sale but denied the existence of an implied warranty. The case was tried to a jury and resulted in a verdict for $6,000.00 in plaintiff’s favor. The court in due course, on November 25, 1958,…
2Cases cited4 opinions
- Phillips v. NegleySupreme Court of the United States · 1886
- City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
- Anderson v. Federal Cartridge CorporationCourt of Appeals for the Eighth Circuit · 1946
- Frank Altrichter v. Shell Oil Company, a CorporationCourt of Appeals for the Eighth Circuit · 1959
3Cited by11 opinions
- Johnson Tsai v. Anne C. Rosenthal and Mound Motors, Inc., Anne C. Rosenthal v. Johnson Tsai and Mound Motors, Inc.Court of Appeals for the Eighth Circuit · 1961
- Russell Eady, a Minor, by Lillian Becker, His Mother and Next Friend, and Lillian Becker v. Otto R. FoerderCourt of Appeals for the Seventh Circuit · 1967
- Landscape Development Co. v. Kansas City Power & Light Co.Supreme Court of Kansas · 1966
- Chicago and North Western Railway Company v. Norbert W. Britten, Special Administrator of the Estate of Joyce G. Britten, Chicago and North Western Railway Company v. Marilyn A. Britten, a Minor, by Norbert W. Britten, Her Father, and Next Friend, Chicago and North Western Railway Company v. Jeanette L. Britten, a Minor, by Norbert W. Britten, Her Father and Next FriendCourt of Appeals for the Eighth Circuit · 1962
- Lack Industries, Inc. v. Ralston Purina Co.Court of Appeals for the Eighth Circuit · 1964
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