Broer v. Dr. Fenton's Vigortone Co.

This is an action at law for damages for breach of warranty. The petition alleged plaintiff owned 83 hogs, 20 of which were afflicted with neero; that defendant’s salesmen and representatives orally warranted its proprietary feeds and medicines would cure said disease; that relying thereon plaintiff purchased said remedies and the hogs were treated therewith; that thereafter most of the remaining hogs contracted neero, which caused the death of 50 hogs and the stunting of 28 others. The answer was a general denial. Trial to a jury resulted in a verdict for defendant. From the judgment thereon…