Peirano

Action for damages for a breach of warranty of the quality of certain personal property.

The complaint states that the plaintiff applied to the defendant to purchase from him certain seed wheat of the variety known as “White Australian,” for the purpose of planting the same, and that the defendant thereupon sold to him twenty-seven thousand seven hundred and sixty pounds of seed wheat, and represented to him and warranted that the same was of the variety known as “White Australian”; that the plaintiff relied solely upon said representation and warranty, and planted the same on his land, believing that the seed wheat so planted was “White Australian”; that the seed wheat so planted produced a crop of about two hundred and seventy-five tons of hay; that the seed wheat was not the variety known as “White Australian,” but was another and inferior variety, and produced a crop of hay inferior to that which would have been grown had it been “White Australian” seed wheat; and that, by reason of the premises the plaintiff had been damaged in the sum of $3,000, for which he prayed judgment.

The defendant demurred to the complaint upon the ground that it did not state facts sufficient to…