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LINDY HOMES, INC. v. EVANS SUPPLY CO., INC.

Civ. 1297.

357 So.2d 996 (1978)

LINDY HOMES, INC., a corporation v. EVANS SUPPLY CO., INC., a corporation, Teague Hardware Company, a corporation and Borneo Sumatra Trading Company, Inc.

Court of Civil Appeals of Alabama.

April 19, 1978.

Attorney(s) appearing for the Case

Alan C. Livingston, Dothan, for Lee & McInish, for appellant.

Jere C. Segrest, of Hardwick, Hause & Segrest, Dothan, for appellee Evans Supply Co., Inc.

J. Robert Ramsey, of Ramsey & Baxley, Dothan, for appellee, Teague Hardware Co., Inc.

Grover S. McLeod, Birmingham, for appellee, Borneo Sumatra Trading Co., Inc.

BRADLEY, Judge.

Lindy Homes, Inc., a corporation, filed an action in the Houston County Circuit Court against Evans Supply Company, Inc., a corporation, alleging that a quantity of nails which Lindy Homes had purchased were not of merchantable quality and were not reasonably fit for the particular purpose for which the nails had been purchased and used. Evans Supply answered by denying the allegations and asserting that Lindy Homes had improperly used the nails. Evans...

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