Abdallah, Inc. v. Martin

Frank T. Gallagher, Justice.

Appeal from a judgment of the district court entered pursuant to an order granting a motion for summary judgment.

The complaint in this action alleges in substance that plaintiff, Abdallah, Inc., on or about September 24, 1952, purchased 1,140 pounds of pecans from defendant William B. Martin, Jr., doing business as Sunshine Pecan Company; that the purchase was made through Martin’s agent, defendant Smith-Flemming, Inc., not in volved in this appeal; that the pecans were represented to he in first-class condition and suitable for use in plaintiff’s candy…