(DOWNLOAD) "Ivan Borman v. Clifford O'Donley" by Kansas City District Missouri Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Ivan Borman v. Clifford O'Donley
- Author : Kansas City District Missouri Court of Appeals
- Release Date : January 03, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This case was tried to a jury which returned a verdict awarding plaintiff Ivan Borman $7000.00 damages for losses allegedly
sustained as a result of feeding his dairy cattle a quantity of silage, purchased from defendant Clifford O'Donley, which
was unfit for animal consumption. The jury additionally awarded plaintiff interest in the sum of $1277.50. Defendant's motion
for a new trial was overruled on the condition that plaintiff file a remittitur of the interest. Plaintiff duly entered the
remittitur and the trial court entered judgment for plaintiff in the amount of $7000.00. Defendant has appealed. The case was tried upon plaintiff's amended petition which alleged, in essential substance, that defendant sold plaintiff
certain silage; that at the time of the sale defendant knew that plaintiff intended to use the silage as feed for dairy cattle
and represented and warranted, both expressly and impliedly, that the silage was suitable for that intended purpose; that
plaintiff, relying on defendant's representations and warranties, bought the silage from defendant for the price of $940.00;
that thereafter plaintiff fed some of the silage to his dairy cattle; that the silage was not suitable for dairy cattle feed,
as warranted, and contained a toxic substance that rendered it harmful and dangerous to the dairy cattle - a fact that defendant
knew or had reasonable cause to know; that as a result, 53 head of plaintiff's dairy cattle died, the value of the other cattle
was depreciated, the milk production from his dairy herd was reduced, and, that he had paid out $940.00 for silage of no value.
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