Wilbur Gibson v. Worley Mills, Inc.

GODBOLD, Circuit Judge:

Gibson, a resident of Texas, bought from Worley Mills at its plant in New Mexico, a large quantity of a “pasturage mixture” of rye and barley seed. Gibson supplied wheat seed, which Worley cleaned and added to the rye-barley mix that it sold. Gibson hired a contract planter to sow the three- seed mixture on his land in Texas for the purpose of growing forage for the feeding of livestock. When the sowing operation was almost completed the planter discovered that the mixture also contained the seed of bindweed, a highly noxious plant. Later bindweed was found growing on…