Hagert v. Hatton Commodities, Inc.

PEDERSON, Justice.

This is an appeal by Powell from a judgment based upon a jury verdict in a case involving defective seed. Powell also appealed from the order denying a motion for judgment notwithstanding the verdict (Rule 50(b), NDRCivP) or, in the alternative, for a new trial (Rule 59, NDRCivP). We reverse and remand for a new trial.

Hagert Farms purchased certified Wyoming 166 pinto bean seed .from Hatton Commodities and planted them in two plots irrigated by overhead center pivot systems. It soon became evident that the bean plants were infected with a disease identified as “halo blight,”…