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EARLY & DANIEL COMPANY v. WEDGEFIELD, INC.

Civ. A. C-152-G-57.

164 F.Supp. 414 (1958)

The EARLY & DANIEL COMPANY, a Corporation Created and Existing under the Laws of the State of Ohio, Plaintiff, v. WEDGEFIELD, Inc., a Corporation Created and Existing under the Laws of the State of North Carolina, Defendant.

United States District Court M. D. North Carolina, Greensboro Division.

August 15, 1958.

Attorney(s) appearing for the Case

C. R. Wharton and Richard L. Wharton, Greensboro, N. C., for plaintiff.

Beverly C. Moore, Greensboro, N. C., James B. Moore, Georgetown, S. C., and G. M. Howe, Jr., Charleston, S. C., for defendant.

STANLEY, District Judge.

This is an action brought by the plaintiff to recover $18,968.59 of the defendant for merchandise sold and delivered. The defendant admits owing said amount, less $384.33, the price of 140 fifty-pound bags of laying mash sold by plaintiff to defendant on March 29, 1957. Defendant claims that this laying mash contained an anticoccidial agent called "nicarbazin" which was highly destructive to the layability of its flock of 16,500 chickens,...

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