Black v. B. B. Kirkland Seed Co.

The opinion of the Court was delivered by

Mr. Justice Blease.

Action by the respondent against the appellant for the recovery of damages, alleged to have been sustained in connection with the purchase of rye for planting purposes.

Paragraphs 3, 4 and 5 of the complaint are as follows:

“3. That on or about November 1, 1928, and again on or about November 17, 1928, the plaintiff applied to the defendant for the purchase from defendant of genuine abruzzi rye to be sown by him; and at said times the defendant sold and delivered to the plaintiff what it represented as genuine abruzzi rye, the…