Edsel Posey v. Pensacola Tractor & Equipment Company

Edsel Posey, plaintiff below, sued Pensacola Tractor & & Equipment Company, Inc., in the Circuit Court of Escambia County in an action at law to recover damages for breach of an alleged sellers warranty of fitness, said to have been given upon the sale by defendant to plaintiff of a general farm tractor. The defendant, after filing an answer generally denying the alleged warranty and breach, moved for summary judgment, relying on the pleadings and a discovery deposition that was given by the plaintiff in a separate action brought by him in the Court of Record in and for Escambia County against Ford Motor Company, a corporation, and A. Bruce Carr, individually and doing business as Pensacola Tractor Company, for an alleged breach of their alleged sellers warranty of fitness involving the same tractor. Appellant did not submit any proofs countering the statements contained in the deposition. Except for the difference in parties, the complaint herein is substantially the same as in the action pending in the Court of Record, which is also on appeal and is disposed of by our decision in Case No. D-58 released herewith, 138 So.2d 781. The complaint in D-58 is set out in full in Posey v. Ford Motor Company (Fla.App.), 128 So.2d 149, a former decision of this court holding the complaint in that cause sufficient to state a cause of action.