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MISSISSIPPI INDUS. ENT., INC. v. S. SEED CO.

No. 47957.

309 So.2d 513 (1975)

MISSISSIPPI INDUSTRIAL ENTERPRISES, Inc. v. SOUTHERN SEED COMPANY, Inc.

Supreme Court of Mississippi.

March 10, 1975.

Attorney(s) appearing for the Case

Fox & Gowan, David K. McGowan, Jackson, for appellant.

Cox & Dunn, Ltd., William H. Cox, Jr., Jackson, McLaurin & Nicols, Brandon, for appellee.

Before RODGERS, SMITH and SUGG, JJ.

RODGERS, Presiding Justice:

The Southern Seed Company, Inc. entered into negotiations to purchase certain land from Mississippi Industrial Enterprises, Inc. in a written "Memorandum." The memorandum contained a description of the land to be conveyed and, in addition thereto, the memorandum contained the following understanding:

"4. The Seller agrees to furnish the Buyer with a survey of the premises to be conveyed, and to convey said property by warranty...

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