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HOSKINS v. JACKSON GRAIN CO.

63 So.2d 514 (1953)

HOSKINS v. JACKSON GRAIN CO.

Supreme Court of Florida, en Banc.

February 20, 1953.

Attorney(s) appearing for the Case

Mabry, Reaves, Carlton, Anderson, Fields & Ward, Tampa, for appellant.

Cooper & Cooper, Tampa, and Bryant & Martin, Lakeland, for appellee.

THOMAS, Justice.

In an opinion filed the 20th day of February, 1953, in the case of Corneli Seed Company v. Ferguson, Fla., 64 So.2d 162 we decided that a seed merchant may not escape liability for varietal difference between the seed represented for sale and the seed actually purchased by the planter. That decision requires a ruling in favor of the appellant on the first question presented in the instant case.

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