Hise v. Romeo Stores Co.

The parties plaintiff and defendant in the trial court occupy the same relative position here. Plaintiff, a farmer, bought of defendant, a dealer, approximately 10,000 pounds of potatoes, advertised, sold, and purchased as “early Ohio seed potatoes.” Plaintiff knew at the time that said potatoes were not then in defendant’s possession, but were to be shipped to it from a grower in an adjoining county. The price was $228 of which sum $200 was paid prior to *250delivery. The potatoes were delivered, planted, tended, and harvested, whereupon plaintiff, contending that they were not of the variety as…