Authorized Supply Co. of Arizona v. Swift & Co.

We granted appellee Swift & Company’s petition for rehearing in order to consider such appellee’s contention that our decision reported in 271 F.2d 242 sanctions partial rescission of an indivisible, non-severable contract for the sale of goods.

Our conclusions in that opinion were predicated on the following statement which appears on page 244:

“It is clear from the pleadings, the evidence, and the plaintiff’s brief filed in this Court that plaintiff seeks recovery of damages against defendants only on a theory of breach of express and implied warranties of a contract for the sale of goods.”

We…