Gold Kist, Inc. v. Williams

Pope, Judge.

These companion cases arise from a dispute over peanut seed sold by Gold Kist to J. B. Williams. Gold Kist sued Williams on an open account. Williams filed a counterclaim alleging that the seed was defective. Before trial the parties stipulated the amount due on the open account, and trial proceeded on the counterclaim. The court directed verdicts in favor of Gold Kist on the counts based upon negligence, strict liability and express warranty, and submitted to the jury the issues of implied warranty for fitness for a particular purpose and implied warranty of merchantability. The…