Hodges v. D. M. Ferry & Co.

*22The opinion of the court was delivered by

Burch, J.:

In the season of 1911 the plaintiff, Hodges, grew a crop of watermelon seeds and in November, 1911, delivered it to the defendant under a contract the material portions of which follow:

“It is further mutually agreed that upon delivery of the crop it is to be carefully weighed and tested. Any necessary remilling is to be done by D. M. Ferry & Co., at their expense. Payment is to be made only for such seed as they consider sufficiently clean, bright and vital for Seedman’s use, no credit being given for dirt, damaged or poor seed which has to…