U.S. Court of Appeals for the First Circuit, 1956

Eastern States Farmers' Exchange, Incorporated v. Russell M. Peckham, D/B/A Orchard Hill Farm

Eastern States Farmers' Exchange, Incorporated v. Russell M. Peckham, D/B/A Orchard Hill Farm
U.S. Court of Appeals for the First Circuit · Decided June 15, 1956 · Magruder, Woodbury, Hartigan
234 F.2d 488; 1956 U.S. App. LEXIS 3718 (Federal Reporter, Second Series)

Eastern States Farmers' Exchange, Incorporated v. Russell M. Peckham, D/B/A Orchard Hill Farm

Opinion

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.

The judgment of the District Court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.