Van Vliet v. Washington Nursery Co.

In the spring of 1925, the plaintiff planted a large number of peach trees purchased from the Washington Nursery Company and represented by the seller to be “J. H. Hale” peach trees. Discovering in 1929 that the trees were not of the quality and variety represented, the plaintiff com menced this action against the nursery company and the statutory surety of the latter to recover damages alleged to have been sustained by reason of the misrepresentation. The plaintiff alleged, “that had such trees been J. H. Hale peach trees as warranted, said lands would be worth $4,000 more than they are at…