Sullivan and Cole v. Bandy and Gray

J. P. Bandy was the owner of a farm. W. A. Gray was a tenant on the farm. They undertook to plant 12 acres in sorghum, cultivate and grow' the crop and divide the profits. In April, 1929, they purchased of Sullivan & Cole, rural merchants, one bushel of seed for the purpose of planting the 12 acres in sorghum. The seed purchased was planted, the crop was cultivated, but it developed when it matured that it contained a dozen or more varieties of plants other than sorghum, and very little, if any, sorghum.

This action was brought by Bandy and Gray against Sullivan & Cole for damages for breach…