[Download] "Bary v. United States" by United States Court of Appeals Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Bary v. United States
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 23, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In February 1954, H. A. Talbott and his wife Margaret, residents of Palisade, Colorado, purchased approximately 20,000 turkey poults from the defendant, Nephi Processing Plant, Inc., a Utah corporation. They brought this action to recover damages for breach of express or implied warranty of the poults, for conversion of the turkeys after they were delivered to and processed by the defendant, and for other specific items of damage. Western Cooperative Hatcheries, a corporation, was brought into the action by third-party proceedings instituted by Nephi, alleging that if Nephi was responsible in damages to the plaintiffs, Western Hatcheries was responsible to Nephi. The trial court dismissed the third-party proceedings on the ground that the issues therein had been determined in an earlier proceeding between the parties. The trial court separated plaintiffs claims into three categories and submitted the claims to a jury, which returned a verdict totaling $41,920.00. This is an appeal from the judgment entered upon this verdict.