Dulaney v. Jones & Rogers
Mississippi Supreme Court
Appeal from the circuit court of Washington county. Hon. A. J. Rose, Special Judge. Suit by Jones & Rogers against C. L. Dulaney et al. From a judgment for plaintiffs, defendants appeal. ■ The facts are sufficiently stated in the opinion of the court. The rule of law involved in this case is that a vendor of feed stuff sold for the purpose of being fed to the animals of the vendee is held to impliedly warrant the soundness and wholesomness of the articles so sold.
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Appeal from the circuit court of Washington county. Hon. A. J. Rose, Special Judge. Suit by Jones & Rogers against C. L. Dulaney et al. From a judgment for plaintiffs, defendants appeal. ■ The facts are sufficiently stated in the opinion of the court. The rule of law involved in this case is that a vendor of feed stuff sold for the purpose of being fed to the animals of the vendee is held to impliedly warrant the soundness and wholesomness of the articles so sold. It will be kept in mind that the vendor in this case was a dealer and the vendee was a consumer. That this is not a case between…
1Opinion of the CourtMcLean, J.
Appellees brought suit against appellants, on an open account, for goods, wares, and merchandise before that time sold and delivered, claiming a balance of three thousand, one' hundred and ninety-one dollars. There is annexed to the declaration the account, which shows that the goods sold were feed stuffs for animals. The second plea of the defendants was, in substance, that the account sued on was for feed stuff for animals of defendants ; that said feed stuff was sold to defendants to feed to his mules, with the belief that the same was sound, wholesome feed; that said feed stuffs were not…
2Cited by8 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
- Harrist v. Spencer-Harris Tool Co.Mississippi Supreme Court · 1962
- Kroger Grocery Co. v. LewellingMississippi Supreme Court · 1933
- Larson v. Farmers Warehouse Co.Washington Supreme Court · 1931
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