Daley

Action to recover damages for breach of warranty in the sale of barley seed. Plaintiff recovered judgment for the sum of $6,723, which was based upon the difference in value of the crop grown from the seed and that which would have been grown had the warranty been complied with. The defendant appeals.

The facts of the case, either as claimed by the respondent or as established by the nncontradicted evidence, so far as they are necessary to be stated for the purpose of the decision, are as follows: The plaintiff, intending to plant to barley for the purpose of raising a crop of hay, about 900 acres of land situated about eighteen miles from the city of San Diego, called upon the defendant at his place of business in that city. He there saw the defendant’s manager, and stated to him that he' desired to purchase one thousand sacks of recleaned barley for seed. He was shown barley of this character, and told that it would cost three dollars per ton more than barley of ordinary quality. He was informed that the price would be that prevailing at the time the barley should be called for, and that if he desired any particular lot he would have to have it set aside for him. This the…