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W.R. GRACE & CO. v. LaMUNION

18261

245 S.C. 1 (1964)

138 S.E.2d 337

W. R. GRACE & COMPANY (DAVISON CHEMICAL COMPANY DIVISION), Appellant, v. Harold LaMUNION, Rush B. LaMunion, and William LaMunion, d/b/a LaMunion Brothers, and Harold LaMunion, Grace L. LaMunion, Rush B. LaMunion, Lillian LaMunion, William LaMunion and Sadie E. LaMunion, Respondents.

Supreme Court of South Carolina.

October 6, 1964.

Attorney(s) appearing for the Case

Messrs. Sinkler, Gibbs & Simons, of Charleston, for Appellant.

Messrs. Paul N. Uricchio, Jr., and Robert M. Hollings, of Charleston, for Respondents.

Messrs. Sinkler, Gibbs & Simons, of Charleston, for Appellant, in Reply.

October 6, 1964.

BRAILSFORD, Justice.

This is an action on a note given to plaintiff-appellant, W.R. Grace & Company, by the defendants-respondents, the LaMunions Brothers, for the price of fertilizer. The LaMunions counterclaimed for breach of an alleged express warranty that the fertilizer contained a pesticide which would effectively protect their fall, 1958, cucumber crop from nematodes. The jury found a verdict for the LaMunions for $28,000.00 on...

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