Mallery v. Northfield Seed Co.

I. M. Olsen, Justice.

Plaintiff appeals from the judgment in favor of the defendant.

We refer herein to Frank E. Lammers as plaintiff. He died since the action was tried, and Alfred L. Mallery, as administrator of his estate, has been substituted as plaintiff.

Plaintiff, a farmer living nea.r Lakeville in this state, purchased alfalfa seed from the defendant. One purchase was made in the spring of 1928 and a second purchase in the spring of 1929. The seed was purchased for sowing on his farm. He operated a dairy farm and raised feed for his cattle. He brought this action to recover damage for…