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MURPHY v. NORTHERN COLORADO GRAIN CO.

No. 71-168, (Supreme Court No. 24481.)

488 P.2d 103 (1971)

Pat MURPHY, Plaintiff in Error, v. NORTHERN COLORADO GRAIN CO., Inc., a Colorado corporation, Defendant in Error.

Colorado Court of Appeals, Division II.

August 17, 1971.

Attorney(s) appearing for the Case

Gibson, Gibson, Gerdes & Campbell, Paul J. Gerdes, Colorado Springs, for plaintiff in error.

Smith, Bohlender, Rucker & Venable, Edward Olin Venable, Greeley, for defendant in error.

Selected for Official Publication.

DWYER, Judge.

This case was transferred from the Supreme Court pursuant to statute.

Pat Murphy, a farmer, purchased a load of milo grain from Northern Colorado Grain Company, Inc. Murphy fed the grain to his turkeys and, afterwards, some of the turkeys died and others failed to gain weight. Murphy believed that the loss of his turkeys was caused by excessive moisture content in the milo and refused to pay the purchase...

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