Depew v. Peck Hardware Co.
Appellate Division of the Supreme Court of the State of New York
.Appeal "by. the defendant,' the Peck Hardware Company-,, from a judgment of the County Court of Ontario county .in-favor ,qf • the plaintiff, entered in the'office, of the clerk of-said county-on the . 19th day of June, 1906, Upon the verdict of a jury,, and also from ' ’ an order entered in said clerk’s, "office on the 10th day of July, 1906, denying . the defendant’s" motion for a- new trial made upon .the minutes,' . ' ■ A--.
1Opinion of the Court
Spring, J.:
The.plaintiff, a farmer, purchased of the defendant, in the spring of 190Í, five bushels of alfalfa seed to be sowed on his farm. Ten acres were covered with the seed, and in the late summer the growth was. cut and allowed to remain • on the land, which was proper husbandry - as no crop is expected the first year. In the spring of the following year there was a fairly heavy growth on the land, but the product came out with yellow, blossoms all over the field. - The blossom of' the alfalfa plant is purple, but the plaintiff and.his tenant were unfamiliar with' alfalfa, and supposed…
2Cases cited4 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Van Wyck v. . AllenNew York Court of Appeals · 1877
- Bell v. MillsAppellate Division of the Supreme Court of the State of New York · 1902
- Bell v. MillsAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by7 opinions
- Vaughan's Seed Store v. StringfellowSupreme Court of Florida · 1908
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- West Coast Lumber Co. v. WernickeSupreme Court of Florida · 1939
- Coleman v. Simpson, Hendee & Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Smeltzer v. TippinSupreme Court of Arkansas · 1913
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