Tisdale v. Kerr McGee Chemical Corporation

Littlejohn, Justice:

This breach of warranty action was brought in the Williamsburg County Civil Count by Eloise Tisdale (plaintiff) against defendants, Kerr-McGee Chemical Corporation (Kerr-McGee) and McNair Seed Company (McNair), to recover actual damages of $8,091.75, allegedly suffered as a consequence of purchasing 140 bags of defective soybean seed from Kerr-McGee. Kerr-McGee, a retailer, had purchased them from McNair, a wholesaler.

Upon trial of the case, the jury rendered a verdict for plaintiff in the amount of $4,068.51. Defendants have appealed, alleging error by the trial judge in…