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JACOB HARTZ SEED CO., INC. v. SIMRALL & SIMRALL

No. 2000-CA-00137-COA.

807 So.2d 1271 (2001)

JACOB HARTZ SEED COMPANY, INC., Appellant, v. SIMRALL AND SIMRALL, A Partnership, Appellee. Simrall and Simrall, A Partnership, Cross/Appellant, v. Jacob Hartz Seed Company, Inc., Cross/Appellee.

Court of Appeals of Mississippi.

Rehearing Denied November 27, 2001.

Certiorari Denied February 21, 2002.

Attorney(s) appearing for the Case

Luther T. Munford, Rebecca L. Hawkins, Jackson, Stephen L. Thomas, Greenville, Attorneys for Appellant.

Gerald E. Braddock, Vicksburg, Attorney for Appellee.

BEFORE KING, P.J., LEE, and CHANDLER, JJ.

KING, P.J., for the court:

¶ 1. On March 29, 1998, Simrall and Simrall (Simrall) filed a complaint against Jacob Hartz Seed Company, Inc. (Hartz) alleging breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, negligence and strict liability. Simrall requested damages for a reduction in crop yield for 1997, in the amount of $165,742.30. In a bench trial, held September 20-22,...

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