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JACKSON GRAIN CO. v. HOSKINS

75 So.2d 306 (1954)

JACKSON GRAIN CO. v. HOSKINS.

Supreme Court of Florida. En Banc.

On Rehearing October 29, 1954.

Attorney(s) appearing for the Case

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

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

Tenney, Sherman, Bentley & Guthrie, S. Ashley Guthrie, George E. Howell, Chicago, Ill., and Green & Bryant, Ocala, for amici curiae.

THOMAS, Justice.

A trial of this controversy on its merits culminated in a verdict and a judgment for the farmer against the seedsman and this appeal followed.

The plaintiff tried to buy tomato seed from a local merchant, Stevenson Seed Store, but the merchant's supply was exhausted. To meet the plaintiff's requirements the merchant ordered from the defendant fifty pounds of seed and the defendant filled the order...

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