Gray v. Gurney Seed & Nursery Co.

Appeal from an order overriding a demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.

The plaintiff alleges in substance that he is a farmer residing in Kandiyohi county, Minn.; that in the spring of 1927 he received through the mail a catalogue issued and distributed by defendant for the purpose of inducing prospective purchasers to buy seed corn; that the catalogue described a variety of seed corn as follows: “De Wolf’s Extra Prolific Seed Corn. This corn matures well to the northern part of South Dakota, and can he grown in the…