Lumbrazo v. Woodruff

The plaintiff is a farmer at Canastota engaged in raising onions. The crops are raised from onion sets purchased from seedsmen. In 1926 plaintiff had obtained Japanese sets from defendant and raised a good crop. In the fall he gave an order to the same agent for 300 bushels for 1927 planting. The order (disregarding immaterial parts thereof) was in the following language:

“ Ship to Theodore Lumbrazo at Canastota, N. Y., 1927.

“ We give no warranty, expressed or implied as to description, quality, productiveness, or any other matter, of any seeds sent out and will be in no way responsible for…