Supreme Court of Florida, 1940

Phillips v. Beamer

Supreme Court of Florida · Decided November 15, 1940 · Terrell, Buford, Thomas, Whitfield, Brown, Ci-Iapman, Compiled, Laws, Rules

198 So. 695; 144 Fla. 769; 1940 Fla. LEXIS 1135 (Southern Reporter)

Opinion of the Court

Per Curiam.

On writ of error we review judgment in favor of plaintiff in a suit to recover damage alleged to have resulted by failure of warranty as to variety and quality' of certain bean seed sold by defendant to plaintiff.

The judgment must be affirmed on authority of our opinion an'd judgment in West Coast Lumber Company v. Wernick, 137 Fla. 310, 188 So. 357.

*770 So ordered.

Affirmed.

Terrell, C. J., and Buford and Thomas, J. J., concur. Whitfield, J., concurs in opinion and judgment. Justices Brown and Ci-iapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

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