Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

LANIER FEED MILL, INC. v. TONGE.

FELTON, Chief Judge.

Where the plaintiff creditor established a prima facie right of recovery against the defendant debtor on two promissory notes and the defendant filed a plea of recoupment, based upon the plaintiff's alleged failure to properly grade defendant's eggs purchased by it over a period of time and failure to credit the defendant's indebtedness accordingly as agreed, expert evidence of the classification as to size of one sample of defendant's unwashed eggs, introduced by the defendant, had no probative value with regard to the issue of improper grading, because, in addition to grading as to size, the eggs were also routinely washed, then graded according to the United States Department of Agriculture's standards as to cleanliness, based upon the amount of residual stains after the washing for the reason that the defendant's grading did not eliminate the possibility that the eggs would have been found of inferior grade after being washed; therefore, the court erred in its judgment denying the plaintiff's motion for a directed verdict.

Judgment reversed. Hall and Eberhardt, JJ., concur.

ARGUED MAY 2, 1967 — DECIDED MAY 19, 1967.
Use AI to get other relevant cases.

Comments

LANIER FEED MILL, INC. v. TONGE
(May 19, 1967)