Gardner v. J. T. Winter & Co.
Court of Appeals of Kentucky
Case 41 — -Action by J. D. Gardner against T. J. Winter & Co. for Deceit and Breach op Warranty in the Sale op Seed— APPEAL PROM MASON CIRCUIT COURT. Judgment por Dependants and Flaintipp Appeals. 1. Appellant had an undoubted right in his first paragraph to sue for a breach of warranty, and in his second paragraph to sue for fraud^and deceit, therefore, the motion to elect was properly overruled.
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Case 41 — -Action by J. D. Gardner against T. J. Winter & Co. for Deceit and Breach op Warranty in the Sale op Seed— APPEAL PROM MASON CIRCUIT COURT. Judgment por Dependants and Flaintipp Appeals. 1. Appellant had an undoubted right in his first paragraph to sue for a breach of warranty, and in his second paragraph to sue for fraud^and deceit, therefore, the motion to elect was properly overruled. McClintock v. Emick Stoner & Co., 87 Ky., 161. 2. The second paragraph containing the action for fraud and deceit was traversed, and proof introduced in support of the allegations; therefore, the…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
Affirming.
Tbe appellant, J. D. Gardner, brought this action against the appellees, T. J. Winter & Co., for a breach of warranty and deceit in the sate of eighteen bushels of Western German millet seed. In the first paragraph of his petition he relies upon a warranty by the defendants that the seed sold to him was Western German millet seed, suitable for seed, •purposes; and alleges that the seed was not of the quality *385warranted, and that, in consequence thereof, his crop grown therefrom, was worthless,, entailing upon him a- loss of $600. In the second…
2Cited by9 opinions
- Reynolds v. General Electric Co.Court of Appeals for the Eighth Circuit · 1905
- Hobdy v. SiddensCourt of Appeals of Kentucky · 1923
- National Seed Co. v. LeavellCourt of Appeals of Kentucky · 1924
- Johnson v. Foley Milling & Elevator Co.Supreme Court of Minnesota · 1920
- Investors' Mortgage Security Co. v. Strauss & Co.Idaho Supreme Court · 1931
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