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JORRITSMA v. FARMERS' FEED & SUPPLY COMPANY, INC.

538 P.2d 61 (1975)

David JORRITSMA, Respondent, v. FARMERS' FEED & SUPPLY COMPANY, INC., Appellant.

Supreme Court of Oregon, In Banc.

Decided July 17, 1975.

Attorney(s) appearing for the Case

J.D. Bailey, Schwenn, Bradley, Batchelor & Bailey, Hillsboro, argued the cause and filed the brief for appellant.

Keith D. Evans, Salem, argued the cause and filed the brief for respondent.

TONGUE, Justice.

This is an action for damages for breach of warranty by a dairy farmer against a feed processor and supplier. The complaint alleges breach of both an express warranty that the feed contained at least 16 per cent protein and an implied warranty that "it was of merchantable quality and reasonably fit and suitable for its general purpose and ordinary use and the commercial feeding of dairy cattle." The case was tried before the court, sitting without...

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