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CORNELI SEED CO. v. FERGUSON

64 So.2d 162 (1953)

CORNELI SEED CO. v. FERGUSON.

Supreme Court of Florida, en Banc.

Rehearing Denied March 31, 1953.

Attorney(s) appearing for the Case

Ausley, Collins & Truett, Tallahassee, and Robinson & Singeltary, Leesburg, for appellant.

Walter Warren, Leesburg, for appellee.

HOBSON, Chief Justice.

Appellee instituted an action at law against appellant for damages predicated upon a warranty by appellant that the watermelon seed which appellee purchased from Corneli Seed Company were seed which would produce "Black Diamond" watermelons, and that the seed which appellee received did not produce "Black Diamond" watermelons. Mr. Ferguson did not see fit to bottom his suit upon an alleged breach of any condition of the contract. We have examined...

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