Smith v. Tatum

The defendants below were partners engaged in the mercantile business at Boone-ville as Tatum Hardware Company. It is alleged that in 1937 A. W. Tatum, a member of the partnership, sold certain seeds to the plaintiff; that such seeds were sold as certified ribbon cane seed; that they were so advertised and bore a trade label describing them as such; that the seeds were displayed in defendants’ store “bearing placards and other written and printed matter describing them as certified ribbon cane seed; that A. W. Tatum stated definitely that they were certified ribbon cane seed, and that they…