Bakke v. Nelson

This is an action to recover damages for breach of warranty of seed flax. A verdict was returned in favor of the plaintiff, and from an order denying a motion for judgment notwithstanding the verdict or for a new trial and from the judgment defendant appeals.

There are one hundred and two specifications of error, requiring about thirty-five pages of the brief. However, we discuss but one— that there is a total failure of proof to establish the allegations of the complaint and therefore judgment should be ordered for the defendant.

The plaintiff bought flax from the defendant, seeded the same,…