National Food Products Corp. v. Schakel

RAWLINGS, Justice.

Plaintiff brought action at law on open account for chicken feed claimed to have been sold to defendant. Jury-waived trial to the court resulted in judgment adverse to plaintiff, and from order overruling a motion for new trial it appeals. We affirm.

Prior to November 16, 1960 (date of apparent first delivery of feed), Ruben Schakel, defendant, established a course of dealing with Harland Boyd, a part-time feed salesman and egg buyer. By mutual agreement or custom Boyd delivered feed to defendant’s farm, its cost being in turn set off by eggs sold to Boyd by defendant. Value…