Legal Opinion

Agricultural Services Association, Incorporated v. Ferry-Morse Seed Company, Incorporated, and Waldo Rohnert Company, Third-Party

Court of Appeals for the Third Circuit

Decided March 25, 1977No. 75-2412 and 75-2413PublishedCited by 65 opinions

1Opinion of the Court

WEICK, Circuit Judge.

The controversy in these appeals arose out of the sale of 25,000 pounds of Clemson Spineless Okra Seed [C/S] okra seed 1 in September, 1967 by Ferry-Morse Seed Company, Inc. [F-M], a California corporation, to Agricultural Services Association, Inc. [ASA], a Tennessee cooperative. F-M had purchased the seed from Waldo Rohnert Company [W-R], a California corporation. Because the seed was not C/S okra seed but was defective seed and had been mislabeled, in violation of law, ASA filed a suit for damages against F-M and W-R. 2 F-M counterclaimed for indemnity against W-R.

The…

2Cases cited45 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Eastman Kodak Co. v. Southern Photo Materials Co.Supreme Court of the United States · 1927
  5. Burr v. Sherwin Williams Co.California Supreme Court · 1954

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3Cited by65 opinions

  1. Hobson v. WilsonCourt of Appeals for the D.C. Circuit · 1984
  2. Grantham and Mann, Inc., D/B/A Grantham Safety Industries, Inc. v. American Safety Products, Inc., Sam Evans, Richard J. Althoff and James HunnekeCourt of Appeals for the Sixth Circuit · 1987
  3. Gunter v. Ridgewood Energy Corp.District Court, D. New Jersey · 1998
  4. Coffey v. Dowley Manufacturing, Inc.District Court, M.D. Tennessee · 2002
  5. Boatland, Inc. And Robert L. Moore v. Brunswick CorporationCourt of Appeals for the Sixth Circuit · 1977

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