Casper v. Frederick
Supreme Court of Minnesota
Action in the municipal court of Mankato to recover $240 for breach of warranty in the sale of seed corn. The answer admitted the purchase of -the seed corn by plaintiff at $10 per bushel and alleged that plaintiff failed to properly prepare his ground and care for the corn and that, if there was more than the ordinary failure of his corn, it was due thereto and not by reason of any defect in the com.
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Action in the municipal court of Mankato to recover $240 for breach of warranty in the sale of seed corn. The answer admitted the purchase of -the seed corn by plaintiff at $10 per bushel and alleged that plaintiff failed to properly prepare his ground and care for the corn and that, if there was more than the ordinary failure of his corn, it was due thereto and not by reason of any defect in the com. The case was tried before ’Goff, J., who made findings that it was the duty o'f plaintiff to follow the usual custom of farmers in supplementing the first planting of corn by replanting missing…
1Opinion of the CourtDiberl, J.
Action to recover for the breach of -a warranty in the sale of seed com. There were findings for the defendant and the plaintiff appeals from the order denying his motion for a new trial.
I. The court found that the defendant sold to the plaintiff two bushels of seed corn for $20; that he warranted that it had been tested and would grow; that it was not as warranted and produced only a half *114crop; that the plaintiff was damaged in the sum o'f $240; that it was the usual custom when seed did not germinate to replant the missing bills or the whole field; that it was the usual practice to…
2Cited by1 opinion
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