This section contains the nature of the case and procedural background.

In 1958, P began the construction of a two-story chicken coop large enough to house 4,000 chickens and a smaller side building where he could wash, grade, and sell the eggs. It was completed in 1961. In November of 1961, P placed an order with D for the purchase of 2,000 one day old chicks. On December 21, 1961, P received the 2,200 chickens and placed them on the first floor of the coop which had been equipped with new brooders, feeders and within a short time, waterers. Wire and sugar cane were placed on the ground so the chickens would not come in contact with the dirt floor. For the first six months, P slept in the coop in order to give the new chicks his undivided attention. By the third week, P noticed that their feathers were beginning to fall off. Five chickens were taken to the Bureau of Animal Industry Diagnostic Laboratory where they were examined. The examination revealed signs of drug intoxication and hemorrhagic disease involving the weakening of blood vessels. After extensive testing, it was determined that the chicks were affected with visceral and ocular leukosis. The disease infected P's flock either killing the chicks or causing those remaining to be destroyed. A verdict was returned in favor of P in the amount of $23,028.77 for the breach of warranty. D appealed.

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