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PRESTWOOD v. THOMPSON COMPANY

4 Div. 44.

133 So.2d 215 (1961)

G. F. PRESTWOOD et al. v. THOMPSON COMPANY, Inc.

Supreme Court of Alabama.

September 21, 1961.

Attorney(s) appearing for the Case

Fleming & Stephens, Elba, for appellants.

S. Fleetwood Carnley, Elba, and Oliver W. Brantley, Troy, for appellee.

STAKELY, Justice.

Thompson Company, Inc. (appellee) brought this suit to recover from G. F. Prestwood and George Prestwood, doing business as Prestwood Brothers (appellants) $1,933.75 for seed peanuts sold by plaintiff to the defendants on June 17, May 16, and May 23, 1958, together with interest thereon. The defendants filed a plea of the general issue and a plea in recoupment on the basis of a breach of an implied warranty. The plaintiff moved the court to limit...

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