HERRERA v. JOHNSTON

Docket No. 8722.

140 Cal.App.2d 822 (1956)

295 P.2d 963

FRED HERRERA, Appellant, v. HOWARD T. JOHNSTON, Respondent.

Court of Appeals of California, Third District.

April 16, 1956.


Attorney(s) appearing for the Case

Arthur S. Powell for Appellant.

Manwell & Manwell for Respondent.


VAN DYKE, P.J.

This is an appeal from a judgment in favor of the appellant as plaintiff in the trial court, in the amount of $11.25, in an action to recover damages for a breach of warranty.

In the main, the facts out of which this litigation arose are not in dispute. The appellant purchased $11.25 worth of zucchini seed from the respondent which proved to be a variety inferior to that ordered. As a result, the crop which appellant raised for commercial purposes...

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