Lollar v. Jones

FOSTER, Justice.

This is an action by appellants against ap-pellee for damages for the breach of a warranty in'the sale of soy bean seed for planting.

Counts 5 and 7 allege an express warranty. Counts 6 and 8 allege facts from which it is claimed a warranty was implied by law. We are not concerned with the sufficiency of those counts. The court held them good. To them defendant pleaded 1, 2, and 3. The court sustained demurrer to plea No. 2. No. 3 is the general issue. Demurrer to plea 1 was overruled. In this appellants insist the court erred.

We entertain the view that in this respect there…