Hap Farms, Inc. v. Heard

Birdsong, Presiding Judge.

Appellants HAP Farms, Inc. (HAP Farms), Mike Phillips, and Charles Powell appeal the $20,000 judgment in favor of appellee Andrew Gary Heard d/b/a/ Gary Heard Farms.

Heard brought suit against HAP Tree Farms, Inc. (HAP Tree Farms), seeking to recover a certain sum allegedly due and owing for Christmas trees sold and delivered. HAP Tree Farms filed an answer and counterclaim to the complaint, denying indebtedness and seeking damages for breach of contract and implied warranty due, inter alia, to receipt of unmerchantable and unfit trees. Subsequently, HAP Tree Farms…