Madison v. Weyl-Zuckerman & Co.

This action, as shown by the complaint, was to recover damages for the defendant’s alleged breach of a contract.

In accordance with the verdict ■ of the jury which tried the case, judgment was entered for plaintiff:, from which defendant appeals.

[1] On June 19, 1917, at which time plaintiff had in the ground a crop of potatoes then ready for harvesting, he and defendant entered into a written contract as follows:

Analyzing this contract, it appears therefrom that plaintiff sold the potatoes so grown to defendant, and by express terms of the contract it was vested with complete title thereto, which plaintiff, as agent of such owner, was to haul and load upon cars at Porterville, at which time the balance of the purchase price was to be paid. In making the sale plaintiff warranted that the potatoes sold, consisting of six hundred sacks and weighing approximately sixty-five thousand pounds, should, upon delivery, be sound and merchantable, free from scab and fork holes; and, in addition to any rights accruing'to defendant to recover damages for breach of the warranty, defendant in lieu thereof, at its option, was given the right, at plaintiff’s expense for re-sorting and…