McELROY v. LONG

No. 12419.

170 F.2d 345 (1948)

McELROY v. LONG et al.

United States Court of Appeals Fifth Circuit.

November 6, 1948.


Attorney(s) appearing for the Case

Young H. Fraser and H. Fred Gober, both of Atlanta, Ga., for appellant.

Estes Doremus, of Atlanta, Ga., and Marshall T. Adams and S. H. Long, both of Tupelo, Miss., for appellees.

Before SIBLEY, WALLER, and LEE, Circuit Judges.


LEE, Circuit Judge.

In this proceeding we are called upon to determine whether, under Mississippi law, there existed an implied warranty of good condition in connection with livestock sold to appellant at auction.

The appellees, as plaintiffs below, sued the appellant in assumpsit on an open account for $3443.00, the price of 24 cows purchased by appellant at an auction conducted by appellees on March 5, 1947, in Tupelo, Mississippi. Defendant denied any liability...

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