Albin Elevator Co. v. Pavlica

I concur in that part of the majority opinion which affirms the district court in its finding that appellant breached an express warranty.

I dissent from that part of the court’s opinion which denies appellant his lost profits and expenses. . While the evidence of what appellee’s 140 acres of irrigated ground would have produced is not overwhelming, it is as good as possible and sufficient to support the trial judge’s finding that it would have potentially produced 40 bushels of wheat per acre, having a value of $4.00 per bushel for a total of $22,400.00.

I

The evidence was that appellee was an…