Peirano

Appeal from judgment for plaintiff and order denying defendant’s motion for a new trial.

The action is one for -damages for breach -of warranty as to the variety of certain seed wheat sold by defendant to *249 plaintiff. It is alleged that plaintiff purchased of defendant 27,760 pounds of seed wheat for planting. That defendant warranted said seed wheat to be “white Australian.” That plaintiff planted the same, and it produced a crop of 275 tons of hay. That said wheat was not “White Australian,” but was another and inferior variety, and produced a crop of hay inferior to that which would have been grown had said wheat been of the variety known as “White Australian” seed wheat. That by reason of the premises the plaintiff has been damaged in the sum of $1,000. Defendant demurred for insufficiency of facts to constitute a cause of action, which demurrer was by the court overruled. In this the court did not err. The point relied on is that the damages are not specially alleged. The measure of damages for breach of warranty as to quality or variety of seeds sold for planting is the difference between the value of the crop produced and the value of the crop that would have been…