Interstate Grocer Co. v. Southern Shell Fish Co.

Sam Robinson, Associate Justice.

The appellee, Southern Shell Pish Company, Inc., filed this suit to collect an open account. The appellant, Interstate Grocer Company, asserted as a defense an alleged breach of warranty on merchandise previously purchased from appel-lee. A jury was waived; and the court found for appel-lee. On appeal, appellant contends that the court erred in finding that appellee had not breached the previous sales contract.

On the 11th day of July, 1952, appellant bought one hundred cases of canned blackberries from appellee, and bought an additional twenty-five cases on the…