Stevenson v. B. B. Kirkland Seed Co.

The opinion of the Court was delivered by

Mr. Philip H. Stoll, Acting Associate Justice.

The complaint in this action alleged in substance that Edna S. Stevenson, the respondent herein, was engaged in the maintenance and operation of the Fairwold Dairy Farm and that on said farm she had a herd of approximately 129 animals; that on or about September 20, 1933, she bought from the B. B. Kirkland Seed Company, the appellant herein, 175 bushels of rye seed, which rye seed the appellant rep-, resented to be Abruzzi • rye; that respondent particularly specified Abruzzi rye to appellant as the kind…