Albin Elevator Co. v. Pavlica

ROSE, Chief Justice.

Plaintiff-appellee Pavlica brought suit against defendant-appellant Albin Elevator Company charging negligence and breach of express warranty.1 In his complaint, Mr. *189Pavlica alleged that Albin Elevator Company had warranted to sell him “spring wheat” but had in fact sold him “winter wheat” which did not produce a crop. As a result, Pavlica prayed that the court award him $9,200 for expenses incurred in attempting to produce a crop, $24,400 in lost profits, and that he be relieved from reimbursing Albin Elevator for the $866 purchase price. Trial was to the court and the…