Blackburn v. Carlson Seed Company

RUARK, Judge.

But when the blade was sprung up, and brought forth fruit, then appeared the tares also.

Matthew 13:26

In this case the plaintiff, a farmer, purchased of the defendant, a seed merchant, 35 pounds of “sargo” seed. But as the blades matured the whole crop was revealed to be tares in the form of milo maize.

The plaintiff was not familiar with sargo seed and was innocent in planting the milo which defendant’s agent had handed him as and for “sargo.” According to the evidence, milo, in plaintiff’s vicinity, is grown for its seed grain and must have time to mature. It has little or no…