Dunagin-Whitaker Co. v. Montgomery
Mississippi Supreme Court
Appeal from the circuit court of Jones county. HoN. Paul B. JohNSON, Judge. Suit by J. A. Montgomery against the Dunagin-"Whitaker Company. From a judgment for plaintiff, ■defendant appeals. The facts are fully stated in-the opinion of the court. No brief of counsel for either side found in the record.
1Opinion of the Court
Sykes, J.,
deilvered the opinion of the court.
Appellee filed suit in the circuit court against appellant for damages for the value of several cows alleged *667to have been killed from the effects of spoiled or poisoned mixed cattle feed purchased by appellee from appellant. The declaration of appellee contained two counts. The first count is based upon an implied warranty that the feed was pure and.free from poisonous substances. The second count is predicated upon the negligence of the appellant, in that be knew, or by the exercise of ordinary care could have known, that the feed was damaged and…
2Cases cited1 opinion
- Dulaney v. Jones & RogersMississippi Supreme Court · 1911
3Cited by3 opinions
- Royal Feed & Milling Co. v. ThornMississippi Supreme Court · 1926
- John Wade & Sons v. Batesville Hog Co.Mississippi Supreme Court · 1925
- McElroy v. LongCourt of Appeals for the Fifth Circuit · 1948