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

United States Court of Appeals for the First Circuit1956-06-15No. No. 5088
234 F.2d 488

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Opinion

majority 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.