Leonard Seed Co. v. Crary Canning Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Door county: S. D. Hastings, Circuit Judge. On February 14,1908, plaintiff and defendant entered into a contract whereby the plaintiff agreed to sell to the defendant certain varieties of seed peas. Among other things the plaint-tiff agreed to furnish 1,000 bushels of “Advancer” peas, and guaranteed seventy-five per cent, delivery.
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Appeal from a judgment of the circuit court for Door county: S. D. Hastings, Circuit Judge. On February 14,1908, plaintiff and defendant entered into a contract whereby the plaintiff agreed to sell to the defendant certain varieties of seed peas. Among other things the plaint-tiff agreed to furnish 1,000 bushels of “Advancer” peas, and guaranteed seventy-five per cent, delivery. Such peas were to he grown during the season of 1908, to he delivered after harvest, but in season for the planting trade for the year 1909. A quantity of peas was delivered under this contract to the •defendant, it…
1Opinion of the CourtBaRNEs, J.
The contract for the sale of the peas contained' the following provision:
“It is also understood and agreed that the party of the first-part [plaintiff] does not give, and its agents and employees are forbidden to give, any warranty, express or implied, as to description, quality, productiveness, or any other matter, of any seeds, delivered or to be delivered by it, and that it is not,, and will not be in any way responsible for the crops.”
Counsel for the appellant admit “that plaintiff is freed by the terms of this contract from all liability as to the seed in question being good or bad,…
2Cases cited4 opinions
- Columbian Iron Works & Dry Dock Co. v. DouglasCourt of Appeals of Maryland · 1896
- Blizzard Bros. v. Growers' Canning Co.Supreme Court of Iowa · 1911
- Lynch v. CurfmanSupreme Court of Minnesota · 1896
- Fauntleroy v. WilcoxIllinois Supreme Court · 1875
3Cited by27 opinions
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Lumbrazo v. WoodruffNew York Court of Appeals · 1931
- Pyle v. Eastern Seed Co.Texas Supreme Court · 1946
- The Belt Seed Co. v. Mitchelhill Seed Co.Missouri Court of Appeals · 1941
- Nakanishi v. FosterWashington Supreme Court · 1964
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