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SOUTHERN MILL CREEK PRODUCTS CO. v. DELTA CHEM. CO.

No. 67-449.

203 So.2d 53 (1967)

SOUTHERN MILL CREEK PRODUCTS CO., Inc., a Florida Corporation, Petitioner, v. DELTA CHEMICAL COMPANY, a Florida Corporation, Respondent.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 1, 1967.

Attorney(s) appearing for the Case

Fowler, White, Collins, Gillen, Humkey & Trenam and Fred Ober, Miami, for petitioner.

Robert B. Ely, Miami, for respondent.

Before PEARSON, HENDRY and SWANN, JJ.

SWANN, Judge.

Delta Chemical Company filed suit against Southern Mill Creek Products Co., Inc., to recover $4,877.64 allegedly owed by Southern Mill for various goods, wares, etc., which Delta delivered on open account during 1963. Southern Mill's answer admitted the receipt of certain merchandise, materials and supplies but raised certain defenses and affirmative defenses, alleging, inter alia, that the merchandise was unfit for the purpose intended, was not saleable...

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