Stegman v. Offerle Cooperative Grain & Supply Co.

The opinion of the court was delivered by

Harvey, J.:

This was an action for damages for the alleged breach of an implied warranty of variety and fitness for spring planting of barley seed sold plaintiff by defendant. The trial court made findings of fact and rendered judgment for plaintiff. Defendant has appealed.

Most of the facts were stipulated. The court found that on March 23, 1938, plaintiff purchased from defendant seed barley with which to plant sixty-five acres of cultivated ground; that defendant knew plaintiff intended to plant the seed as spring seed barley at the time he purchased…