Baumgartner v. Glesener

Lees, C.

Respondent recovered a verdict in an action for damages for breach of warranty of seed corn grown and sold by appellant, who has appealed from an order denying a new trial.

In March and April, 1925, appellant published an advertisement in Renville county newspapers offering for sale Yellow Murdock 1923 seed corn and representing that the corn was graded, well acclimated to Renville county, and that its germinating test was 95 per cent. Respondent saw the advertisement, called on appellant, purchased some of the corn and planted it in a field of 30 acres, of which four acres were…