J. W. PHILLIPS
v.
S. H. BEAMER

Fla. | 1940-11-15
Terrell, C. J., and Buford and Thomas, J. J., concur., Whitfield, J., concurs in opinion and judgment., Justices Brown and Ci-iapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
144 Fla. 769 Florida Supreme Court (1940) Positive Treatment
Also reported at: 198 So. 695
Cited by 3 cases
Opinion of the Court
Per Curiam.

Per Curiam.

On writ of error we review judgment in favor of plaintiff in a suit to recover damage alleged to have resulted by failure of warranty as to variety and quality' of certain bean seed sold by defendant to plaintiff.

The judgment must be affirmed on authority of our opinion an'd judgment in West Coast Lumber Company v. Wernick, 137 Fla. 310, 188 So. 357.

*770So ordered.

Affirmed.

Terrell, C. J., and Buford and Thomas, J. J., concur.

Whitfield, J., concurs in opinion and judgment.

Justices Brown and Ci-iapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Corneli Seed Co. v. Ferguson, 64 So. 2d 162 (Fla. 1953)
    …So. 357, 358, we determined that the measure of damages in a case similar to the instant suit “would be the difference between the market value of the crop raised and the crop from the seed ordered.” In the case of Phillips v. Beamer, 144 Fla. 769, 198 So. 695, it appears upon our inspection of the original record on file in this Court that the question of the legal effect of a non-warranty clause might have been, but was not presented. We find cases from other jurisdictions about equally divided upon th…

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