Western Soil Bacteria Co. v. O'Brien Bros.

This is an appeal from a judgment in favor of the defendants in an action brought to recover the sum of $525.40, a balance alleged to be due on the purchase price of certain vetch seed and of a certain bacterial preparation known as Westrobac, purchased by the defendants from the plaintiff.

The complaint was in two counts, each for goods sold and delivered and each referring to the same transaction. The answer of the defendants, after denying that anything was due to plaintiff, or that any goods sold by it to the defend•ants had any value, set forth as an affirmative defense that the seed and bacteria sold to the defendants by plaintiff was so sold upon the express understanding and agreement “that the same should be planted by defendants upon land belonging to the defendants in the state of California, and that when so planted the said bacteria and vetch seed so sold and delivered would grow upon said land, and would thereby promote the growth of trees in the orchard of defendants planted upon said land aforesaid; defendants allege that after said bacteria and vetch seed was delivered by plaintiff to defendants the same was planted- by defendants upon said land, pursuant to the…