Farmers Union Central Cooperative Exchange v. Tomson

The opinion of the court was delivered by

Schroedeh, J.:

This is an action to recover the balance of $2,000 due on the sale of three-year-old seed corn, the plaintiff contending such balance was due on an account stated. The defendant cross-petitions, alleging breach of a warranty as to germination and an oral agreement to adjust the price. The case was tried to the court. Without giving counsel an opportunity to argue the court announced its decision and entered judgment, finding the $2,000 to he due from the defendant to the plaintiff, but also finding that the plaintiff should pay the…