Escambia Chemical Corp. v. Industrial-Marine Supply Co.

WIGGINTON, Chief Judge.

Plaintiff has appealed a summary final judgment rendered in favor of defendant in a suit for damages resulting from the alleged breach of an express written warranty. It is contended that the pleadings, depositions, affidavits and other evidence in the file create a genuine issue of a material fact, and that the court erred in resolving this issue by rendition of the judgment appealed.

From the record it affirmatively appears that some five years prior to the occurrence which gave rise to this cause of action, ap-pellee, a local retailer of industrial supplies, in the…