Zicari v. Joseph Harris Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Marsh, J. P.
Plaintiff Zicari in his complaint alleges that he bought some cabbage seed known as 255 Danish Ballhead Harris Special Strain from defendant Joseph Harris Co., Inc., located at Moretón Farm, Rochester, New York. He used the seed to plant about 70 acres of his farm land. When the 1966 cabbage crop grown from this seed matured it was found the cabbage plants were worthless, being diseased with a fungus known as Phoma Lingam (Tode) Desmazieres or Blackleg. He claimed damages in the amount of $77,000 for the 1966 cabbage crop and $100,000 in damages for inability to supply customers…
2Cases cited1 opinion
- Walls v. . BaileyNew York Court of Appeals · 1872
3Cited by30 opinions
- A & M PRODUCE CO. v. FMC Corp.California Court of Appeal · 1982
- Neville Chemical Company v. Union Carbide CorporationCourt of Appeals for the Third Circuit · 1970
- Schroeder v. Fageol Motors, Inc.Washington Supreme Court · 1975
- State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
- Industralease Automated & Scientific Equipment Corp. v. R. M. E. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
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