Union Seed Company of Burley v. Savage

ANDERSON, Justice.

In March 1951, appellant, a farmer, and respondent, a seed buyer and processor, entered into written agreements whereby respondent would purchase, at the prevailing market price, appellant’s 1951 seed crop of Alta Fescue grass seed, to be grown on eighty acres of land, and White Dutch clover seed, to be grown on forty acres of land, by appellant.

At the time the contracts were executed, respondent advanced $2,500 cash to appellant. In July 1951, appellant delivered Alta Fescue grass seed weighing in at 2,413 lbs. and which, after being cleaned, weighed 1,950 lbs., the tare…