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GEORGE P. SEXAUER & SON v. WATERTOWN COOP. E. ASS'N

No. 9565.

79 N.W.2d 220 (1956)

GEORGE P. SEXAUER & SON, a corporation, Plaintiff and Respondent, v. WATERTOWN COOPERATIVE ELEVATOR ASSOCIATION, a corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied February 8, 1957.

Attorney(s) appearing for the Case

Andrew E. Foley and Arthur R. Henrikson, Watertown, and Leo P. Flynn, Milbank, for defendant and appellant.

Lund & McCann, Brookings, for plaintiff and respondent.

ROBERTS, Presiding Judge.

This is an appeal from a judgment awarding damages to the plaintiff for the breach of an implied warranty of variety in the sale of flax. Plaintiff is a corporation with its principal place of business in Brookings, South Dakota, and its business includes the buying and selling of seed grains. The defendant corporation at the time of the transactions herein involved operated two grain elevators...

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