Farmers Co-Operative Elevator Co. of Douglas v. Dievert

HALLEY, Justice.

Albert Dievert filed this action in the Superior Court of Garfield County against the Farmers Co-Operative Elevator Company, a corporation, to recover damages alleged to have been suffered by him from breach of warranty on the germination capacity of seed wheat sold him by defendant. He prayed for damages in the sum of $874.60. The jury returned a verdict for plaintiff in the sum of $244.33, and defendant has appealed. We shall refer to the parties as they appeared in the trial court.

In appealing from the judgment based upon the verdict of the jury, the defendant submits a…