Categories: First Circuit Court of Appeals Opinions

EASTERN STATES FARMERS’ EXCH., INC. v. PECKHAM, 234 F.2d 488 (1st Cir. 1956)

EASTERN STATES FARMERS’ EXCHANGE, INCORPORATED, Defendant, Appellant, v. Russell M. PECKHAM et al., d/b/a Orchard Hill Farm, Plaintiffs, Appellees.

No. 5088.United States Court of Appeals, First Circuit.
June 15, 1956.

Hinckley, Allen, Salisbury Parsons, Providence, R.I., Matthew W. Goring, Providence, R.I., with whom Stephen B. Ives, Jr., Providence, R.I., Preston B. Kavanagh, and Pope, Ballard Loos, Washington, D.C., were on brief, for defendant-appellant.

Aram A. Arabian, Providence, R.I., with whom Maurice L. Dannin, Newport, R.I., was on brief, for plaintiffs-appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

An action for damages was brought by a buyer of grain against the seller for breach of warranty resulting in the deaths of the buyer’s dairy cows due to poisoning. The only question presented is a factual one — whether the district judge was “clearly erroneous” in finding that fourteen of appellees’ cows were poisoned and died as a result of eating grain bought from appellant containing some unwholesome or deleterious matter. The opinion of the district court contains a fuller statement of the facts. 134 F. Supp. 950. We find no error.