Hall v. Gurley Milling Co. of Selma, N. C., Inc.

MEMORANDUM OF DECISION

DUPREE, District Judge.

In this diversity action the plaintiffs, E. A. Hall and John Bachelor, seek recovery of damages for the breach of express and implied warranties in connection with the separate sales to them by defendant, Gurley Milling Company, on March 15, 1967, of two lots of soybean seeds. In the first count in the complaint it is alleged that defendant expressly warranted to the plaintiffs “that the said soybeans were of a new and improved type which would produce stronger stalks and higher yields and were suitable to the growing conditions in Alabama where…