L. Harvey and Son Co. v. Jarman

BECTON, Judge.

I

Plaintiff, L. Harvey and Son Company (Harvey), filed this suit to recover on a promissory note given for the purchase of fertilizer, executed by defendants Jerry Jarman (Jarman or Mr. Jar-man) and Edna Jarman (Mrs. Jarman), plus interest and attorney’s fees. The Jarmans’ Answer included a number of affirmative defenses and counterclaims. The Jarmans also filed a third-party Complaint against Jarvis Brown, alleging that Brown was personally liable to them for breach of an express warranty on the fertilizer, if in making the warranty, Brown exceeded the scope of his agency…