Jolly v. C. E. Blackwell & Co.

— Appellants bought from respondent a quantity of seed rye, for spring seeding, amounting to about 2,500 pounds, requested by appellants to be, and represented by respondents would be, spring rye. Three deliveries were made, to wit: on March 17, March 20, and the last delivery of about 1,500 pounds on about April 10. The last delivery of about 1,500 pounds of rye came in sacks from the Spokane Seed Company, which were delivered by respondent unopened and in the original sacks received by it from the Spokane Seed Company, to appellants. All of the rye proved to be fall rye, and would not…