Dowdle v. Young

Action was instituted by appellant (plaintiff below) for breach of contract and fraud in connection with the sale of silage from the defendant, vendor.

The plaintiff, Glenn Dowdle, is a cattleman residing in Graham County, Arizona. In July 1959, the parties entered into a written agreement whereby plaintiff bought silage for feeding purposes from defendant Young. At the time of contracting, the silage already had been placed in a trench •silo. There was a warranty in the written •contract that the pit contained not less than 2300 tons field weight of silage.

At some time in late 19S9 or 1960,…