American Casualty Co. v. Minnesota Farm Bureau Service Co‪.‬

Appellant brought this action against appellee to recover damages for breach of warranty in the sale of pulverized yellow corn. It was alleged in appellants amended complaint that there was both an express and an implied warranty, that the pulverized yellow corn was "cool and sweet" and fit for the purpose for which it was purchased, to-wit: chicken feed. The answer admitted the sale but denied the existence of an implied warranty. The case was tried to a jury and resulted in a verdict for $6,000.00 in plaintiffs favor. The court in due course, on November 25, 1958, entered judgment pursuant to the verdict.Thereafter, on December 5, 1958, defendant moved for judgment notwithstanding the verdict, or in the alternative for a new trial. On this motion defendant charged inter alia: