Serian Brothers, Inc. v. Agri-Sun Nursery

Opinion

ARDAIZ, Acting P. J.

A commercial grower purchases young peach trees from a nursery and plants them. The trees eventually exhibit symptoms of a disease and are determined to be diseased. The grower sues the nursery. He contends that the trees were already diseased when he purchased them, and that they were not healthy trees as warranted by the seller. If the grower can prove that the trees were diseased when purchased, how are his damages measured? In Posz v. Burchell (1962) 209 Cal.App.2d 324 [25 Cal.Rptr. 896], this court held that the proper measure of damages was the difference…