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TIGER MOTOR CO. v. McMURTRY

5 Div. 877.

224 So.2d 638 (1969)

TIGER MOTOR COMPANY, Inc., a Corporation v. Thomas E. McMURTRY.

Supreme Court of Alabama.

Rehearing Denied July 10, 1969.

Attorney(s) appearing for the Case

Brown & McMillan, Opelika and Auburn, for appellant.

Walker, Hill & Gullage, Opelika, for appellee.

Rushton, Stakely, Johnston & Garrett, Montgomery, amicus curiae.

BLOODWORTH, Justice.

Thomas E. McMurtry (appellee-complainant) filed a bill of complaint in the circuit court of Lee County, in equity, against Tiger Motor Company (appellant-respondent), and Ford Motor Credit Company (respondent) seeking to rescind the sale of a 1967 Ford Station Wagon which McMurtry purchased from Tiger Motor Company April 5, 1967, for breach of express or implied warranty made by Tiger Motor Company.

The bill alleges that as a portion of...

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