Brock

This action is one brought to recover damages for alleged breach of contracts of warranty to furnish “Sonora seed wheat.” There are seven causes of action, the respondent suing upon one contract entered into with the Newmark Grain Company by himself, and six other contracts received by him through assignments from other farmers. The eases were tried before the court without a jury, and judgment was rendered in favor of plaintiff for $6,005.90, from which judgment this appeal is taken.

The facts involved in the seven causes of action are substantially the same. The complaint alleges, and the evidence shows, that W. M. Brock applied to the agent of the New-mark Grain Company, at Brawley, California, to purchase Sonora wheat to be used as seed. M. 0. White was appellant’s agent at Brawley, and he sold seed wheat to Brock which he represented to be Sonora wheat; neither Brock nor any of the other six farmers whose claims are involved, nor White, had sufficient knowledge of Sonora wheat to be able to distinguish it from other wheat with any degree of certainty by merely examining the kernels, although Brock and White and some of the others were well enough acquainted with that variety…