Smith v. Oscar H. Will & Co.

Statement.

Bronson, Ch. J.

This is an action to recover damages for breach of a con tract for the sale of certain seed. Defendánt has appealed from the judgment entered upon a verdict returned in plaintiff’s favor. The facts are :• — Plaintiff operated a farm near Pollock, South Dakota. Defendant conducted a seed house at Bismarck, North Dakota. In April, 1920, plaintiff, while in Bisniarck, visited defendant’s establishment. He inquired about Grimm alfalfa seed with which he was familiar. Defendant showed him a sample of Grimm alfalfa seed. Defendant also urged him to try Turkestan alfalfa…