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Farm Industries, Division of the Quaker Oats Co. v. Howell

95 So. 2d 808, 39 Ala. App. 131
Alabama Court of Appeals·Decided May 28, 1957·No. 6 Div. 368·Published·Cited by 3 cases

Opinion

CATES, Judge.

On May 9, 1955, Farm Industries, Division of the Quaker Oats Company brought detinue in the Winston Circuit Court for the recovery in specie of thirty-two hundred pounds of Full-O-Pep broiler feed, consisting of sixty-four bags of fifty pounds each.

After the court had overruled his demurrers, the defendant, Howell, plead not guilty and brought counter suit by way of set-off and recoupment, alleging a contract whereunder Farm Industries bailed some 16,000 chicks with Howell under a “feeding out” agreement whereunder the chicks delivered by Farm Industries to Howell were to remain the property of Farm Industries. Howell was to feed them only Full-O-Pep broiler feed, and upon their being ready for market, he was to be paid a fee and a bonus for the chickens returned alive on a formula involving (1) a bonus for the average weight per fowl varying from 0 to 1/£ cent and (2) a fee scaled to the ratio of feed to delivered bird, which was set in ranges called “feed conversion” rates.

The agreement which was in evidence is as follows:

[133]

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Farm Industries, Division of the Quaker Oats Co. v. Howell, 95 So. 2d 808, 39 Ala. App. 131 (Ala. Ct. App. 1957).

95 So. 2d 808 (Farm Industries, Division of the Quaker Oats Co. v. Howell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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