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EASTERN STATES FARMERS' EXCH., INC. v. PECKHAM

United States Court of Appeals, First Circuit.
Jun 15, 1956
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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.