Libby v. Woodman Potato Co.

This action is brought to recover damages for a breach of contract in the sale of commercial fertilizer. The case comes up on motion and exceptions.

MOTION:

Late in the spring of 1936, the plaintiff purchased fifteen tons of commercial fertilizer from the Woodman Potato Company, a dealer in potatoes and fertilizer in Presque Isle. It was put up in 125 pound bags and delivered in two lots, one of five tons to be paid for *306in potatoes and secured by a crop mortgage, and the other of ten tons to be paid for on delivery. The seller described the fertilizer, in accordance with the analysis stamped on…