Pauls Valley Milling Co. v. Gabbert

PI-IELPR. J.

The trial judge, without a jury, gave plaintiff judgment for damages sustained on account of producing a smaller crop of oats from seed bought from defendant than he would have produced if defendant had delivered him the character or kind of seed oats which he ordered, and the defendant appeals. There was a serious dispute of facts involving several of the essentials to plaintiff’s recovery, hut we state the facts as favorably to plaintiff as the record will permit.

The plaintiff operated a farm near Pauls Valley, in which city the defendant operated a seed store. Two or three…