Miller v. Germain Seed & Plant Co.

The plaintiff purchased celery seed from the defendant. The seed turned out to be a different variety from that ordered. This action was brought to recover the damages suffered by the plaintiff. Judgment was rendered in favor of the plaintiff and the defendant appealed. The main question presented by the record is whether or not there was a warranty of the seed and a consequent responsibility for the damages suffered by the plaintiff.

The plaintiff was engaged in raising celery for the market and the defendant was engaged in the sale of seeds and plants. On March 16, 1920, the plaintiff…