WHITE v. MISSISSIPPI ORDER BUYERS, INC.

No. 80CA0892.

648 P.2d 682 (1982)

Richard N. WHITE, d/b/a Spear D. Cattle Company, Plaintiff-Appellant, v. MISSISSIPPI ORDER BUYERS, INC., Defendant-Appellee, and Jack Gill, Jr., and Joel Gill, Defendants.

Colorado Court of Appeals, Div. II.

May 27, 1982.


Attorney(s) appearing for the Case

Callahan & Callahan, Thomas J. Callahan, Wray, for plaintiff-appellant.

W. David McClain, Denver, for defendant-appellee.


KELLY, Judge.

In this action tried to the court for breach of the implied warranty of merchantability, § 4-2-314, C.R.S.1973, the court entered judgment in favor of defendant, Mississippi Order Buyers, Inc., (Mississippi) finding that plaintiff, Richard White, had not given notice of a defect within a reasonable time pursuant to § 4-2-607(3)(a), C.R.S.1973. We affirm.

White, a Colorado rancher, ordered 128 head of cattle from Mississippi, a cattle...

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