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RUTLAND v. SWIFT CHEMICAL CO.

No. 49996.

351 So.2d 324 (1977)

Thomas E. RUTLAND v. SWIFT CHEMICAL COMPANY.

Supreme Court of Mississippi.

October 26, 1977.

Attorney(s) appearing for the Case

Jack A. Morris, Monticello, Joseph M. Stinson, Tylertown, for appellant.

Thomas, Price, Alston, Jones & Davis, Alex A. Alston, Jr., Jackson, Lawrence J. Casazza, Chicago, Ill., for appellee.

Before SMITH, BROOM and LEE, JJ.

BROOM, Justice, for the Court:

Breach of implied warranty of merchantability or fitness is the theory of Rutland's (appellant's) suit against Swift Chemical Company (appellee) for damages related to poor performance of fertilizer manufactured by Swift and sold to Rutland by a retail establishment in Jayess, Mississippi. Rutland purchased the fertilizer on May 1, 1969, and filed suit in June 1975 in the Walthall County Circuit Court, which court transferred the cause...

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