ALBERS MILLING COMPANY v. CARNEY

No. 8167.

371 S.W.2d 355 (1963)

ALBERS MILLING COMPANY, Plaintiff-Appellant, v. Marvin CARNEY and Opal Carney, Defendants-Respondents.

Springfield Court of Appeals. Missouri.

October 9, 1963.


Attorney(s) appearing for the Case

Robert L. Stemmons, Mt. Vernon, Thomas A. Johnson, Johnson, Johnson & Landis, Neosho, Robert E. Seiler, Dean S. Johnston, Joplin; Seiler, Blanchard & VanFleet, Joplin, of counsel, for plaintiff-appellant.

Edward V. Sweeney, Monett, for defendants-respondents.


HOGAN, Judge.

The plaintiff, a manufacturer of commercial animal feeds, brought this action to recover the balance due upon a contract made between the parties in 1956, in which the plaintiff agreed to furnish capital and feed for a turkey-raising venture undertaken by the defendants. As a set-off and counterclaim, the defendants asserted a breach of implied warranty of fitness in connection with the feed which plaintiff furnished, and a jury has found both for the...

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