Baylor v. Eastern Seed Co.

MURRAY, Justice.

This suit was instituted by Wilson Baylor against Eastern Seed Company, seeking to recover damages alleged to have arisen as a result of the failure of defendant to deliver Babosa onion seed to him, as it had contracted to do. Plaintiff planted and properly cultivated 20 acres of onions. The seed planted were represented to be of the Babosa variety, but when fully grown were “Blue Whistlers.” He alleged that if the seed had been of the Babosa variety, as represented, the crop of onions would have been worth $150 per acre, or $3,000 for the 20 acres, but that the “Blue…