Anderson v. Thomas

The opinion of the court was delivered by

Schroeder, J.:

This is an action by plaintiffs, a co-partnership engaged in the seed and feed business, against a farmer to recover actual damages claimed for an alleged breach of an express warranty in a written contract for the sale of certified Westland milo seed grown by the farmer. The alleged breach is failure to deliver certified Westland milo seed with germinative qualities of at least 80%.

The underlying question is whether the defendant (appellant) furnished seed of “Blue Tag Quality” specified in the written contract — certified Westland milo…