Before Thomas, P.j., Diaz, And Herring, JJ.
The opinion of the court was delivered by: Herring, J., For The Court:
Dickey et al v. Air Stream, Inc., 96-CA-01121, __So. 2d __
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
TRIAL JUDGE: HON. JERRY OWEN TERRY, SR.
COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - CONTRACT
TRIAL COURT DISPOSITION: DIRECTED VERDICT IN FAVOR OF DEFENDANT
DISPOSITION AFFIRMED - 7/14/98
MOTION FOR REHEARING FILED:
James Dickey and wife, Alva Sue Dickey, filed suit on June 2, 1995, against Airstream, Inc., based upon an implied warranty and their allegations that the motor home which they purchased was not suited or fit for the purposes for which it was designed and sold. At trial, the Circuit Court of Jones County, Mississippi, directed a verdict for the defendant, Airstream, after Mr. and Mrs. Dickey rested their case. On appeal, Mr. and Mrs. Dickey contend that the trial court "misapprehended" the Mississippi Rules of Evidence and that there was a genuine issue of fact to be decided by the jury. We find no error and affirm the decision of the circuit court.
On July 24, 1994, the Appellants purchased a used Airstream motor home from AAA R.V. Center (AAA R.V.) in Liberty, Missouri. At that time, the motor home had already traveled 2371 miles. The motor home was manufactured by Airstream, Inc., and was sold to Rivera Trailer Sales, Inc., d/b/a AAA R.V. Center, on July 16, 1993. Mr. and Mrs. Dickey purchased the motor home from AAA R.V. for $50,000, plus a trade in of another ...