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ANDERSON v. SWIFT & COMPANY

No. 17108.

380 F.2d 988 (1967)

H. R. ANDERSON, Plaintiff-Appellant, v. SWIFT & COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 16, 1967.

Attorney(s) appearing for the Case

Robert C. Cetrulo, Covington, Ky., (O'Hara & Ruberg, Covington, Ky., on the brief), for appellant.

James C. Ware, Covington, Ky., (Ware, Bryson, Nolan & West, Covington, Ky., on the brief), for appellee.

Before CELEBREZZE and PECK, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

Appellant Anderson, a meat curer, ordered from appellee, Swift & Company, 1,453 fresh, green-skinned hams weighing an average of 14 pounds each. Swift knew that these hams were to be used for "country curing," by appellant, as distinguished from "city cured" hams, or hams cured by other processes. The hams were delivered by Swift but did not respond to appellant's curing process. They were either spoiled at the time of delivery...

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