DELTA MOTORS, INC. v. CHILDS

No. 40728.

233 Miss. 125 (1958)

101 So.2d 527

DELTA MOTORS, INC. v. CHILDS

Supreme Court of Mississippi.

March 24, 1958.


Attorney(s) appearing for the Case

James T. Bridges, Belzoni, for appellant.

Leon L. Shelton, Jackson, for appellee.


ETHRIDGE, J.

The questions raised here are (1) the proper measure of damages for breach of express warranty in a buyer's defense to a seller's suit for the purchase price; and (2) whether the jury could find a waiver by seller of a contractual provision for acceptance of defects by buyer's use of the machine.

Appellant, Delta Motors, Inc., filed this suit in the Circuit Court of Humphreys County against appellee, E.G. Childs, seeking to recover the balance...

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