Dixie Seed Co. v. Smith

Felton, Chief Judge.

Dixie Seed Company sued Linwood Agnew Smith and Francis Durham Bugg, doing business as Smith’s Seed & Feed Company, for damages of $1,574.50, arising out of the purchase by the plaintiff of collard seed, allegedly misrepresented by the defendants to be Yates Collard seed, *228rather than Georgia-type col-lard seed, which the plaintiff later discovered them to be. The trial court sustained the defendant’s general and special demurrers to the petition. On appeal to this court,, the judgment of the lower court in sustaining the general demurrer was reversed (Dixie Seed Co. v.…