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WILLMAR COOKIE CO. v. PIPPIN PECAN CO.

No. C7-84-19.

357 N.W.2d 111 (1984)

WILLMAR COOKIE COMPANY, Respondent, v. PIPPIN PECAN COMPANY, a Georgia Corporation, Appellant.

Court of Appeals of Minnesota.

October 30, 1984.

Attorney(s) appearing for the Case

L. Wayne Larson, Hulstrand, Anderson, Larson & Boylan, Willmar, for respondent.

Thomas G. Johnson, Schmidt, Thompson, Thompson & Johnson, P.A., Willmar, for appellant.

Heard, considered and decided by LANSING, P.J., and WOZNIAK and FORSBERG, JJ.

OPINION

LANSING, Judge.

Pippin Pecan Company appeals from the denial of post-trial motions and from a judgment based on special verdict findings that the company sold unmerchantable pecans, unfit for their intended purpose, and that the purchaser gave timely notice of breach and revocation of acceptance. The company also contends it is entitled to a new trial on the basis of newly discovered evidence. We...

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