Anderson-Thompson, Inc. v. Calley

COMPTON, Chief Justice.

Appellant, plaintiff below, rests its case on appeal on an alleged warranty arising out of a contract for the sale of certain sudan seed. The agreement between the parties consists of a memorandum designated “purchasing agreement” and is as follows:

“Purchasing Agreement

11-12-54

“Whereby Anderson-Thompson, Inc. of Lamar, Colo, is • buying crop of cert, sweet sudan subject to final certification at for the thresher run seed at thresher. Buyer to stand expense of hauling, cleanout, cleaning & bagging & cost of certified tag & seals and pay for storage for the month of Dec.…