Hoover v. Utah Nursery Co.

BRAMEL, District Judge.

This is an action for damages brought by a purchaser of seed against the seller. From a judgment for defendant, plaintiff appeals. The plaintiff was engaged in farming in Utah county, Utah, and the defendant was engaged in the nursery and seed business in Salt Lake City, Salt Lake county, Utah. In the early spring of 1928, plaintiff asked defendant for a half pound of “Utah Chinese Celery” seed. Defendant thereupon delivered to plaintiff a package of seed that looked like celery seed, and plaintiff paid for the same. That spring the plaintiff planted two acres of a…