Manglesdorf Seed Co. v. Pauls Valley Grain & Seed Co.

DIFFENDAFFER, C.

For convenience the parties will be designated as in the trial court, defendant in error, as plaintiff, and plaintiff in error, as defendant.

Plaintiff brings this action for damages, and alleges, in substance, that in February, 1924, it contracted with defendant for the purchase of 3,000 pounds of standard evergreen broom corn seed, and that thereafter defendant delivered to plaintiff at Pauls Valley, Okla., 3,000 pounds of broom corn seed represented by defendant to be standard evergreen broom corn s'eed; that plaintiff was in the grain and seed business, and that both…