McHARGUE v. FAYETTE COAL & FEED COMPANY


283 S.W.2d 170 (1955)

J. S. McHARGUE, Appellant, v. FAYETTE COAL & FEED COMPANY, a Corporation, Appellee.

Court of Appeals of Kentucky.

October 14, 1955.


Attorney(s) appearing for the Case

Elmer Drake, Lexington, for appellant.

Wallace, Turner & Reed, Lexington, for appellee.


STANLEY, Commissioner.

The appellee, Fayette Coal and Feed Company, sued the appellant, J. S. McHargue, to recover $364.30 balance due on a merchandise account for stock feed. McHargue admitted the purchase and counterclaimed for $27,600 damages. At a pretrial conference it was agreed (as, indeed, it appears in the pleadings) that the counterclaim was not based on a breach of any express or implied warranty but upon misrepresentation...

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