Drager v. Carlson Hybrid Corn Co.

Plaintiff Drager owns and supervises the operation of two adjoining quarter-section farms. Plaintiff Rabe occupies one farm, plaintiff Thomsen the other. They are Drag-er’s sons-in-law. Defendant-corporation grows, buys and sells hybrid seed corn. This is a law action to recover the agreed price of $3.50 per bushel-for 3290 bushels of seed corn grown by plaintiffs and sold to defendant during 1948. The answer and counterclaim alleges a breach of implied warranty in the sale. At the close of the evidence the trial court directed a .verdict for plaintiffs on both defendant’s counterclaim and…