Mallery v. Northfield Seed Co.

Plaintiff attempts to appeal from an order granting defendant’s motion for judgment notwithstanding. A brief summation of the •issues and proceedings may be helpful. The present plaintiff is the administrator of the estate of the original plaintiff, who died after trial below. Substitution has been duly made. We shall refer to the parties as they were designated at and prior to the time of trial.

Plaintiff, claiming that defendant had sold impure alfalfa seed, brought this action to recover damages for breach of warranty. Trial was had before the court and a jury and verdict rendered for…