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LATIMER v. WM. MUELLER & SON, INC.

Docket Nos. 79175, 79176.

149 Mich. App. 620 (1986)

386 N.W.2d 618

LATIMER v. WILLIAM MUELLER & SON, INC. HECKROTH v. WILLIAM MUELLER & SON, INC.

Michigan Court of Appeals.

Decided March 4, 1986.

Attorney(s) appearing for the Case

Cubitt, Cubitt & Trowhill (by Dale Cubitt), for plaintiffs.

Smith & Brooker, P.C. (by Mona C. Doyle, Richard G. Smith, and James W. Tarter), for Conida Warehouses, Inc.

Lambert, Leser, Herbert, Dahm, Giunta & Cook, P.C. (by Peter F. Dahm), for William Mueller & Son, Inc.

Seavitt, Westcott & Stowe (by Michael J. Yockey), for C & B Cattle Company.

Before: HOOD, P.J., and D.E. HOLBROOK, JR., and D.P. KERWIN, JJ.

HOOD, P.J.

These consolidated appeals arise out of breach of warranty claims made by plaintiffs, Alan D. Latimer and Jack Heckroth, involving the sale of defective bean seed by defendant and third-party plaintiff William Mueller & Son, Inc. Following a jury verdict in favor of plaintiffs, Mueller was awarded partial indemnity from third-party defendant Conida Warehouses, Inc. Mueller and Conida appeal as of right from the verdict and judgment. C & B Cattle...

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