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THOMAS v. KASCO MILLS

No. 6834.

218 F.2d 256 (1955)

T. M. THOMAS, Trading as Thomas Turkey Ranch and Hatchery, Appellant, v. KASCO MILLS, Inc., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 5, 1955.

Attorney(s) appearing for the Case

Robert M. Ward, Rock Hill, S. C., and James L. Moss, Jr., York, S. C., for appellant.

Herbert S. Falk, Greensboro, N. C. (Falk, Carruthers & Roth, Greensboro, N. C., Vernon E. Sumwalt and Roddey & Sumwalt, Rock Hill, S. C., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and HOFFMAN, District Judge.

SOPER, Circuit Judge.

Kasco Mills, an Ohio corporation, engaged in the manufacture and sale of turkey feeds, instituted this action to collect the unpaid balance of an account for goods sold to R. M. Thomas, a citizen of South Carolina, trading as Thomas Turkey Ranch and Hatchery. There was no dispute as to the amount due and owing, if the goods measured up to the proper standards; the defense was that there had been a breach of an implied warranty of fitness in that...

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