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HALL v. GURLEY MILLING COMPANY OF SELMA, N. C.

Civ. No. 2833.

347 F.Supp. 13 (1972)

E. A. HALL and John Bachelor, Plaintiffs, v. GURLEY MILLING COMPANY OF SELMA, N. C., Inc., Defendant and Third Party Plaintiff, v. COKER'S PEDIGREED SEED COMPANY and H. C. Newton, Third Party Defendant.

United States District Court, E. D. North Carolina, Raleigh Division.

June 22, 1972.

Attorney(s) appearing for the Case

W. Arnold Smith, Raleigh, N. C., for plaintiffs.

Howard E. Manning, John B. McMillan, Manning, Fulton & Skinner, Raleigh, N. C., for defendant.

William Joslin, Joslin, Culbertson & Sedberry, Raleigh, N. C., for third-party defendants.

MEMORANDUM OF DECISION

DUPREE, District Judge.

In this diversity action the plaintiffs, E. A. Hall and John Bachelor, seek recovery of damages for the breach of express and implied warranties in connection with the separate sales to them by defendant, Gurley Milling Company, on March 15, 1967, of two lots of soybean seeds. In the first count in the complaint it is alleged that defendant expressly warranted to the plaintiffs "that the said soybeans were of...

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