Phillips v. Sharp

The first contention is that the court erred in refusing to require the plaintiff to elect whether he desired to go to the jury upon an express or an implied warranty.

The plaintiff in his petition alleges “that at the time said defendant orally expressly warranted said seed so sold to plaintiff to be true Danish Ball Head cabbage seed and further impliedly warranted same to be true Danish Ball Head Cabbage Seed.” This is the only allegation of warranty in the petition. The plaintiff testified that he purchased imported Danish Ball Head seed and that the defendant said that he would guarantee…