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INTERLATIN SUPPLY v. S & M FARM

Nos. 93-1871, 93-2187.

654 So.2d 254 (1995)

INTERLATIN SUPPLY, INC., Appellant, v. S & M FARM SUPPLY, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

April 26, 1995.

Attorney(s) appearing for the Case

Lyons and Farrar, Coral Gables, for appellant.

Arthur Joel Berger, Miami, Kitchen, Judkins, Simpson & High, Tallahassee, for appellees.

Before NESBITT, COPE, and GERSTEN, JJ.

NESBITT, Judge.

Interlatin Supply, Inc., appeals an order of dismissal without prejudice that dismissed its complaint, which claimed a) breach of express warranty, b) breach of implied warranty of merchantability, and c) breach of implied warranty of fitness for a particular purpose. The complaint sought damages for defective cantaloupe seeds Interlatin had purchased at retail from S & M Farm Supply, Inc., as seller, and Northrup King Co., as producer and supplier...

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