Clements Farms, Inc. v. Ben Fish & Son

I respectfully disagree with the majority’s determination that the Uniform Commercial Code can be applied to this case by “analogy.” In my view, Article 2 of the UCC is not applicable to a seedman’s contract, particularly to the contract here. I believe there is no liability in this case under any theory of implied warranty under the UCC. Absent liability, there is no need to address any question relating to damages. I concur only in that part of the majority opinion which overturns an award of attorney fees to Clements Farms.

The majority opinion does not cite, and my research does not…