Buckley

This is an appeal from a judgment rendered after defendants’ motions for nonsuit on plaintiffs’ first cause of action had been granted, and after a jury had returned a verdict in favor of defendants on the second cause of action. The first cause of action was based on an alleged breach of warranties and the second was for damages resulting from alleged fraud and deceit.

Plaintiffs, mother and son, are farmers with about 52% acres of land near Wasco, in Kern County, upon which they raise potatoes. The Shell Chemical Company is a corporation which manufactures a fertilizer known as Shell Anhydrous Ammonia, to which we will refer as Shell Ammonia. The Greening-Smith Company is a partnership engaged in the business of selling and distributing fertilizers, among which is Shell Ammonia. Paul Greening is a partner in Greening-Smith Company and a salesman for it. Elmer Anderson is the father-in-law of J. A. Buckley and on and after February 4, 1936, was salesman for Greening-Smith Company.

In the summer of 1935, Anderson read advertisements of Shell Ammonia and called the attention of J. A. Buckley to them. As Buckley was contemplating planting potatoes for a fall crop he was interested…