Latimer v. William Mueller & Son, Inc.

These consolidated appeals arise out of breach of warranty claims made by plaintiffs, Alan D. Latimer and Jack Heckroth, involving the sale of defective bean seed by defendant and third-party plaintiff William Mueller & Son, Inc. Following a jury verdict in favor of plaintiffs, Mueller was awarded partial indemnity from third-party defendant Conida Warehouses, Inc. Mueller and Conida appeal as of right from the verdict and judgment. C & B Cattle Company cross-appeals.

Each of the plaintiffs is a farmer of land located in Tuscola County, Michigan. In the winter of 1976 each placed an order for…