West Coast Lumber Co. v. Wernicke

In the interest of clarity, the plaintiff in error will be referred to as the defendant and the defendants in error will be referred to as the plaintiffs.

Plaintiffs brought suit against the defendant, the gist of the cause of action, alleged in a declaration of three counts, being that the latter entered into a verbal contract to sell them Texas Seed Ribbon Cane Seed, warranting it to be of the variety represented, and that when the crop approached maturity it was discovered that sixty per cent of it was, in truth, Kaffir Corn; that the one is so similar to the other, it was impossible for…