Passinger v. . Thorburn

Davies, Ch. J.

This is an action brought to recover damages for a breach of .warranty. The plaintiff purchased of the defendant a quantity of cabbage seed, and, according to the facts as found by the jury, warranted the same to be Bristol cabbage seed, and that such seed would produce Bristol cabbages. The jury found that it was not Bristol cabbage seed, and that it did not produce Bristol cabbages. The judge charged the jury that, if the warranty was untrue, then the plaintiff would be entitled to such damages as were the natural and necessary consequence of the breach; that the damages would…