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MFA COOPERATIVE ASS'N OF ASH GROVE v. ELLIOTT

No. 9111.

479 S.W.2d 129 (1972)

MFA COOPERATIVE ASSOCIATION OF ASH GROVE, Missouri, Plaintiff-Appellant, v. Willie ELLIOTT, Defendant-Respondent, and Thelma Elliott, his wife, Defendant.

Missouri Court of Appeals, Springfield District.

March 29, 1972.

Attorney(s) appearing for the Case

O. J. Taylor, Neale, Newman, Bradshaw, & Freeman, Springfield, for plaintiff-appellant.

Robert Stemmons, Mt. Vernon, for defendant-respondent.

HOGAN, Judge.

Plaintiff instituted this action in an effort to recover an unpaid balance of $6,540.18 for goods (mostly feed) sold and delivered to defendants. Defendants answered by pleading (1) a general denial; (2) partial breach of warranty, by way of recoupment; and (3) a three count affirmative counterclaim, the substance of which was that plaintiff had furnished defendants with impure and unwholesome cattle feed which had caused defendants' cattle to develop...

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