Grafton-Stamps Drug Co. v. Williams
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. Horn D. M. Milleb, Judge. ■ Suit by D. J. Williams against Grrafton-Stamps Drug Company. From a judgment for plaintiff, defendant appeals. Appellee, who was plaintiff in the lower court, is a truck farmer, and appellant a mercantile establishment dealing in garden seed. Appellee purchased of appellant certain tomato seed for the purpose of raising tomatoes for the market.
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Appeal from the circuit court of Lincoln county. Horn D. M. Milleb, Judge. ■ Suit by D. J. Williams against Grrafton-Stamps Drug Company. From a judgment for plaintiff, defendant appeals. Appellee, who was plaintiff in the lower court, is a truck farmer, and appellant a mercantile establishment dealing in garden seed. Appellee purchased of appellant certain tomato seed for the purpose of raising tomatoes for the market. Knowing the varieties best suited for his purposes, he asked for “Early Detroit” and “Royal Pink” varieties. He received certain seed from appel-lee, prepared his ground, and…
1Opinion of the CourtSmith, C. J.
A sale of seed by name raises an implied warranty that it is true to name; and the fact that the buyer inspected the seed before purchasing is immaterial, when its character cannot ordinarily be ascertained by any reasonable inspection. Note to Leonard v. Crary Canning Co., 37 L. R. A., N. S. 79, 35 Cyc. 409-411, 30 Ency. of Law, 2d Ed., 157, par. 7, Id. 159, par. 1 of subdivision XI, Id. 612, par. 5.
That the person from whom the seller had himself purchased • the seed declined to warrant to him that it was true to name is immaterial, although this fact was known to the last purchaser; his…
2Cited by10 opinions
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- Sokoloski v. SplannMassachusetts Supreme Judicial Court · 1942
- Hobdy v. SiddensCourt of Appeals of Kentucky · 1923
- Winter-Loeb Grocery Co. v. BoykinSupreme Court of Alabama · 1919
- Jolly v. C. E. Blackwell & Co.Washington Supreme Court · 1922
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