COOPER v. MIDWEST FEED PRODUCTS COMPANY

No. 16249.

271 F.2d 177 (1959)

Duane COOPER, Doing Business as Hutchinson Farm Hatchery, Appellant, v. MIDWEST FEED PRODUCTS COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

November 4, 1959.


Attorney(s) appearing for the Case

Martin J. Purcell, Kansas City, Mo. (Clark Kuppinger and Morrison, Hecker, Buck & Cozad, Kansas City, Mo. were with him on the brief), for appellant.

Robert L. Jackson, Kansas City, Mo., for appellee.

Before GARDNER, VOGEL and VAN OOSTERHOUT, Circuit Judges.


GARDNER, Circuit Judge.

Appellant brought this action against appellee to recover damages for breach of warranty in the sale of pulverized yellow corn. It was alleged in appellant's amended complaint that there was both an express and an implied warranty, that the pulverized yellow corn was "cool and sweet" and fit for the purpose for which it was purchased, to-wit: chicken feed. The answer admitted the sale but denied the existence of an implied warranty. The case...

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