Cook Seed Company v. Welker

Murphy, Justice.

Appeal from an order of the district court denying defendant’s alternative motion for judgment notwithstanding the verdict or for a new trial. This is an action in the nature of breach of warranty in which plaintiff, Cook Seed Company, contends that defendant, Keith Welker, a grass seed harvester, sold and delivered to plaintiff an inferior grade of bluegrass seed. The jury found in favor of plaintiff for $9,250. The grounds upon which reversal or a new trial is sought grow out of claimed error by the trial court in receiving documentary evidence which was not disclosed at the…