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SURFACE v. KELLY

No. 20121.

912 S.W.2d 646 (1995)

Lester SURFACE, Plaintiff-Respondent v. Ron KELLY and Larry Thompson, Individually, and Ron Kelly, Larry Thompson, and Margie Thompson d/b/a Ozark Ostrich Farms, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied November 28, 1995.

Application to Transfer Denied January 23, 1996.

Attorney(s) appearing for the Case

Keith D. Sorrell, Spain, Merrell & Miller, Poplar Bluff, for appellants.

James W. Riner, Hendricks & Riner, P.C., Jefferson City, for respondent.

Motion for Rehearing or Transfer to Supreme Court Denied November 28, 1995.

PARRISH, Judge.

Lester Surface (plaintiff) purchased nine ostriches from Ron Kelly, Larry Thompson and Margie Thompson (defendants). Defendants conducted business under the trade name Ozark Ostrich Farms. Plaintiff brought this action contending the ostriches were not fit for a particular purpose for which they were purchased; that defendants breached an implied warranty of fitness...

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