Newhall Land & Farming Co. v. Hogue-Kellogg Co.

This is an appeal by the defendant from a judgment in favor of the plaintiff for the sum of $9,171.18, awarded to it as assignee of Steve Costamagna and B. Aragno for damages for the breach of a warranty as to type or variety of two lots of lima bean seed, aggregating 5,600 pounds, purchased by said Aragno and Costamagna from the defendant and planted upon their lands.

The facts of the case pertinent to the questions to be considered are summed up in the respondent’s brief and are substantially as follows: Early in April, 1919, Arthur S. Chesebrough, plaintiff’s ranch manager at the New'hall ranch, which is situated in Ventura and Los Angeles Counties, between Saugus and Camulos, called upon Mr. Kellogg, vice-president of the defendant company, at defendant’s warehouse in Ventura, and on behalf of two tenants of the plaintiff company—the above-mentioned Aragno and Costamagna —discussed with Mr. Kellogg the price of seed beans, particularly of two varieties, Henderson bush limas and Wilson’s improved bush limas. Prices were given to Mr. Chesebrough and he saw some of the seed. He asked Mr. Kellogg to visit the ranch, and shortly thereafter Mr. Kellogg did so, bringing with him…