Sullivan v. Wilco Seed Co., Inc.

SIMMS, Vice Chief Justice:

Plaintiff below appeals from the trial court’s sustention of a motion to quash, denial of jurisdiction and venue. The Court of Appeals summarily reversed the order of the trial court. We Grant Certiorari, Vacate the Court of Appeals opinion and Remand the cause for further proceedings.

The issue on appeal is whether the trial court correctly denied jurisdiction over the non-resident defendant. The only jurisdictional facts in the record are contained in the plaintiffs’ petition.

Plaintiff’s petition alleges a cause of action for breach of implied and express warranties…