Preston v. Montgomery Ward & Co.

In this action the plaintiff seeks to recover damages alleged to have resulted from the defendant’s breach of warranty in a contract of sale. Trial was by court, resulting in a judgment for the plaintiff and the case is here upon the defendant’s exceptions. The facts found by the court which are material to the questions raised are in substance as follows: In the spring of 1940 the plaintiff entered into a contract with the defendant for the purchase of 350 day old Red Rock chicks at least 90% pullets. The defendant warranted that the chicks to be delivered under this contract would be as…