WILDERSPIN v. BEWLEY MILLS

No. 15758.

298 S.W.2d 636 (1956)

George WILDERSPIN, Appellant, v. BEWLEY MILLS, Inc., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

On Rehearing January 18, 1957.

Rehearing Denied February 15, 1957.


Attorney(s) appearing for the Case

Rawlings, Sayers, Scurlock & Eidson and Nelson Scurlock, Fort Worth, for appellant.

Cantey, Hanger, Johnson, Scarborough & Gooch and Emory Cantey, Fort Worth, for appellee.


BOYD, Justice.

Appellant George Wilderspin sued appellee Bewley Mills, Inc., for damages, alleging that his herd of about 400 cattle became diseased and emaciated and many of them died as a result of their consuming feed manufactured and sold by appellee to appellant. There were allegations of breach of implied warranty and negligence, but the case was submitted to the jury only upon the basis of breach of warranty.

The jury found that when the feed was delivered...

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