William A. Davis Co. v. Bertrand Seed Co.

Action by buyer to recover back from seller the purchase price of certain garden seeds because of alleged breach of certain warranties, claimed to have been given by seller at time of the sale.

The case was tried by the court sitting without a jury and the court found that at the time of the sale the defendant represented to and assured the plaintiff that the seeds sold were of certain specified varieties, to wit: “Alaska Variety” and “Hosford Market Garden Variety”; and that, relying upon said representations, the plaintiff received the seeds and paid the purchase price. The court also found on conflicting evidence that as a matter of fact the seeds were not of the “Alaska” and “Hosford” varieties; and that as soon as such fact was discovered plaintiff offered to return the seeds, and demanded the return of the purchase price and certain charges paid on account of the transaction. Judgment was accordingly given for plaintiff, and defendant appealed.

One of the grounds of the appeal is that the evidence is insufficient to sustain finding that the defendant intended or manifested any intent to give the warranty charged or found; but that, on the contrary, the writing relied upon…