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PAYMASTER OIL MILL COMPANY v. MITCHELL

No. 48281.

319 So.2d 652 (1975)

PAYMASTER OIL MILL COMPANY, a Division of Anderson Clayton and Company, Plaintiff-Appellant, v. Dennis MITCHELL, Defendant-Appellee.

Supreme Court of Mississippi.

September 29, 1975.

Attorney(s) appearing for the Case

Brunini, Everett, Beanland & Wheeless, Robert A. Weems, Vicksburg, for plaintiff-appellant.

David Shoemake, Collins, for defendant-appellee.

Before PATTERSON, INZER and SUGG, JJ.

PATTERSON, Justice:

Paymaster Oil Mill Company brought suit in the Circuit Court of Covington County to recover damages for breach of contract. It alleged that Dennis Mitchell, the appellee, failed to deliver the quantity of soybeans he had agreed to supply, thereby monetarily damaging the plaintiff. After hearing evidence of both plaintiff and defendant, the trial court "directed a verdict" for Mitchell based upon the "force majeure" statute of the Uniform Commercial...

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