Finchum v. Lyons

McAllister, j.

This is the second time this action by plaintiff Finchum to recover for seed potatoes grown for the defendant Fiorovich has been here on appeal. On the first appeal we reversed a judgment for plaintiff and remanded the case for a new trial, Finchum v. Lyons, 247 Or 255, 428 P2d 890 (1967). The second trial also resulted in a judgment for plaintiff and defendant Fiorovich again appeals.

The case is governed by the provisions of the Uniform Sales Act, which has since been repealed. Although there are several assignments of error only two of them are worthy of extended consideration.