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GOLD KIST v. MASSEY

No. 18381.

609 S.W.2d 645 (1980)

GOLD KIST, INC., Appellant, v. Julian C. MASSEY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

December 4, 1980.

Attorney(s) appearing for the Case

Street, Swift, Brockermeyer, Bell & Ward and Edwin G. Bell, Fort Worth, for appellant.

Dunnam, Dunnam & Dunnam and W. V. Dunnam, Jr., Waco, for appellee.

OPINION

SPURLOCK, Justice.

Gold Kist, Inc., a corporation in the business of supplying seeds, has appealed from a judgment rendered by the trial court against it in favor of Julian C. Massey, a farmer who purchased peanut seed specified to have a certain germination rate. Massey sued to recover lost profits from the dealer and seed company for breach of warranty and for violation of the Texas Deceptive Trade Practices Act (DTPA). After a jury trial, the...

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