Avery v. Associated Seed Growers, Inc.

Plaintiffs, R. L. Avery and Matt Carroll, hereafter collectively referred to as Avery, 1 and cross-complainant Leonard Henderson, hereafter referred to as Henderson, separately appeal from a judgment entered on February 10, 1961, vacating and setting aside a previous judgment entered on November 23, 1960, in their favor and ordering that said parties take nothing by their complaint and cross-complaint respectively. 2

In 1957, the plaintiffs, who were tomato farmers, purchased from the defendants Espino and Henderson, who were nurserymen, certain tomato plants with which to plant 30 acres of…