Austin Mill & Grain Co. v. Lambert

Appellee sued appellant for damages on account of the sale and delivery of seed wheat to be used by him for planting in the fall of 1918, which was alleged to have been of a character and kind different from that promised and purported to be sold. The damages sought was the difference between the value of the crop raised -from the seed wheat delivered and planted and that which would have been raised had the character of seed wheat embraced in the verbal contract been in fact sold and delivered, less the difference in cost of harvesting, threshing, and marketing the respective crops.

Appellant…