American Fertilizer Specialists, Inc. v. Wood

LAVENDER, Justice:

Plaintiff, a dealer in agricultural fertilizer, brought suit on open account for fertilizer sold and delivered to defendant for use on defendant’s grass lands. By way of defense, defendant alleges breach of an implied warranty of fitness for a particular purpose and breach of an implied warranty of merchantability under the Uniform Commercial Code-Sales. 1

Plaintiff does not contest its status as a “merchant” within the meaning of § 2-104(1), 2 but contends that defendant failed to meet its burden of proving a breach as to the accepted goods as is required by § 2-607(4), 3…