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HARLOW v. SWIFT AND COMPANY

No. 4539.

491 S.W.2d 472 (1973)

Dale HARLOW, Appellant, v. SWIFT AND COMPANY, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied March 16, 1973.

Attorney(s) appearing for the Case

Hammett, Hammett & Cavness, James A. Builta, Lampasas, Senterfitt & Adams, Reuben Senterfitt, San Saba, for appellant.

Johnson, Slagle & Bell, L. B. Slagle, Brownwood, for appellee.

McCLOUD, Chief Justice.

Plaintiff, Dale Harlow, sued defendant, Swift and Company, for damages allegedly suffered because Swift sold and delivered to plaintiff lamb feed which was unfit for the use for which it was intended. The jury answered all liability issues in favor of defendant. Judgment was, however, entered for plaintiff for $5,973.10. This amount was determined by deducting a sum, owed to Swift by Harlow for feed, from an amount owed to Harlow by Swift for...

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